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Introduction Environment plays crucial part in human life. We are dependent on environment for almost everything. Since we are so dependent on environment, it's our duty to protect it. Importance of environment protection was identified by global community long back. First concerted effort was made by international community in 1972 during Stockholm conference. After the conference, Indian government passed various legislature dealing with environment protection like Water Prevention and Control of Pollution Act, Air Prevention and Control of Pollution Act etc. However those enactments were dealt with specific parts of environment and there was need of comprehensive law to deal with environment protection. In this post we will explore the idea of environment protection, objective of environment protection and various provisions of environment protection act like power of central government etc. Who exactly was looking into Environment before this Act Governmen...

Synopsis Objective of the Act Members and authorities under the Act Features of the act Did this law worked ? NGT in News Objective Long term objective of the act is of course protection of environment. Short term objective is to resolve the environmental dispute in speedy and effective manner. Didn't we had such authority earlier? Well, we had. Name was National Environmental Appellate Authority, under NEAA Act 1997. It was bit in-effective, that is why we passed new act for constitution of new authority. NGT Act provides for constitution of specialize environmental authority i.e National Green Tribunal which could deal with environmental dispute in super speedy manner. Authorities under Act Act provides for appointment of various authorities. Below chart describes various authorities and their qualification of the appointment. Few important points about authorities: These appointed authorities can be removed on below grounds. These...

 Section 79 and 80 Below are the objective of this post. Government is big party to suit. Out of pending cases 40% or roughly 3.2 Crore cases are pending against government. When suit is filed against government, it is little bit different than normal suits. When we say government, against whom should we file a suit exactly ? Nehru ? or Manmohan Singh? Who will appear for government ?   These kind of question are answered in Section 79 and 80. Procedural part about suit against government are dealt in Order 27. So, what is the name of the party to suit when it involves the government. Answer is provided in Section 79. There is interesting thing when you file a suit against government. You have to send a notice to party that you are filing a suit.  Like "Hey Municipality, you are not doing your work sincerely, roads are pathetic, garbage is everywhere. I am filing a suit, and sending you this notice under section 80 of Civil Procedure Code. So be r...

You expect that Mr Batman will file an application against you for some interim order. So far Mr Batman haven't filed an application in Court, but you think that very very very likely Mr Batman will file an application against you for some order. You also feel that Court might pass an ex-parte order against you. What will you do ? You will  go and file a Caveat as per Section 148A of Civil Procedure Code. Here is the famous case where Tata Group filed a caveat against expelled CEO Cyrus Mistry. Tatas felt that Cyrus Mistry may file a suit against them so they moved to the court and filed a caveats. They filed caveats in many places like NCLT, High Court, Supreme Court. What is this caveat ? CPC don't provide a definition for it. It's a latin word. However in one of the case court tries to give it a meaning.  It layman's term, it is like asking court, that if anybody files a suit against me, or if there is hearing against me in any of the already filed ...

Below is an overview relating to provisions of appeal in Civil Procedure Code. In this blog we will deal with Section 96 to 99 which are related to Appeals from Original Decree. Section 96 Section 96 states when appeal lies from original court and when appeal don't lie. It states that appeal lies against all the decrees. It also states sometimes appeal may lie against ex-parte decrees. It also provides that in case of small cause court cases appeal lies about only question of law. Clause 1 uses the word "shall" and clause 2 uses the word "may". It mean in ex-parte decrees, appeal option always not available. In ex-parte decree, decree can be challenged on certain grounds. Section 97 Section 97 provides that when no appeal is moved against a preliminary decree, then when appeal is made against final decree, correctness of preliminary decree cannot be disputed. Let's take an example. In below image, to the right side suit have many issues...

Part VII of the Civil Procedure Code deals with provision of appeal. In layman's term, appeal is going to higher court just because you feel lower court's decision is not correct, not just. Civil Procedure Code doesn't define what an appeal is. However, various legal scholars tried to define the appeal. Court also tried to define appeal in various judgments. Here are few definitions: Here is how appeals are dealt in Civil Procedure Code in general: Here are general rules about the appeal: Some essential elements of appeal: When you can file an appeal ? Who can file a civil appeal ? Who may not file a Civil Appeal ? As said, this is brief overview about the appeals. Next we will discuss the appeals from original decree. Legalfundaa

Here is an example. X is insured by a company. X dies accidentally. His heirs is to get 1 Crore Rs. Now there are two claimants. Each one of saying "That's my money".  What if both claimant file a suit against insurance company ? How can insurance company decide which claimant is real ? What should insurance company do?   Well, Order 35 is to the rescue. In above example, Insurance company owes a money which they are liable to pay. But there are multiple claimants. In such case Insurance company can file a interpleader suit as per order 35 and relax..! What really is interpleader suit. Section 88 of Civil Procedure code has provisions relating to it. Below are some of the essentials for filing of interpleader suit. Now let us go through the provision provided in Order 35. Rule 1 states about additional details to be included in plaint when suit is interpleader suit.  The first condition, that plaintiff claims no interest is relaxed in US inte...