What is the CPC 47 section?

What is a section 47 offence?

Section 47 OAPA 1861 – maximum 5 years' imprisonment

This offence (section 47 OAPA 1861) is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm (ABH). Harm need not be permanent but must be more than transient and trifling: R v Donovan [1934] 2 KB 498.

What is objection under section 47 of CPC?

The Supreme Court held that an objection petition under Section 47 of the Code of Civil Procedure, 1908 (CPC)—against execution of a decree—should not be treated as the commencement of a new trial. The Anglo-American Metallurgical Coal Pvt Ltd (Anglo) invoked the arbitration clause in the Long Term Agreement entered...

What is the Section 47 privilege?

In California, the litigation privilege is covered under Civil Code Section 47b. This common law doctrine grants protection from civil liability for certain communications and actions that are made in connection with or in preparation for legal proceedings.

Is Section 47 CPC appealable?

Orders passed under Section 47, CPC now no more amount to a decree. No appeal is provided against such orders under ... expeditiously as possible and hence these amendments.

What two requirements must be satisfied in order for a civil court to exert personal jurisdiction over a defendant?

The requirements of due process and the long-arm statutes must be satisfied before personal jurisdiction may be exercised.

What is the order 47 rule 1 of the Code of Civil Procedure?

Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record.

What are some landmark cases involving Section 47?

Abhishek Raja "Ram"

• Top 5 Landmark Case Laws on Section 47 Returns : Key Judicial Rulings and Their Implications.
• Suchak Marketing – ( Kolkata Bench )
• (2013) 42 GST 3: 35 taxmann 360.
• The court ruled that under Circular No. ...
• Aap And Co – ( Gujarat High Court )
• (2019) 108 taxmann 590.

What is section 47 A?

Section 47-A (1) of the Act provides that if the Registering Officer, appointed under the Registration Act, 1908 while registering any instrument relating to the transfer of any property, has reason to believe that the market value of the property or the consideration, as the case may be, has not been truly set forth ...

When can you assert lack of subject matter jurisdiction?

In federal court, under the Federal Rules of Civil Procedure, a motion to dismiss for lack of subject-matter jurisdiction is considered a favored defense. It may be raised at any point in the litigation process, even if the parties had previously argued that subject-matter jurisdiction existed.

When can executing court go behind the decree?

executing Court cannot go behind the decree or question the jurisdiction of the Court which passed it (22 P.R. 1919, I.L.R., 5. Lah. 54).

What is the Federal Rule of Civil Procedure Rule 47?

Selecting Jurors. (a) Examining Jurors. The court may permit the parties or their attorneys to examine prospective jurors or may itself do so.

Who cannot file an appeal?

A stranger cannot be permitted to file an appeal unless he/she is able to satisfy the court that he/she is aggrieved by the order. Such an appeal should necessarily be filed after obtaining leave from the court; The person should be able to establish that the order has caused a direct injury.

What are the essentials of Section 47 of the CPC?

(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

What are valid reasons for appeal?

Grounds of appeal are the specific legal reasons a party claims a lower court made a significant error, justifying a higher court review, typically involving legal mistakes (wrong law application, jury instructions), procedural errors (jury selection, evidence handling), constitutional violations (due process), insufficient evidence, ineffective counsel, or prosecutorial misconduct, aiming to overturn or modify the original ruling.
 

What is the exemption of Section 47?

Section 47 of the Income Tax Act is a necessary provision that exempts certain transactions from being classified as transfers. This is important as under the Act, any profit or gain arising from transferring a capital asset shall be chargeable to capital gains tax.

Why is rule 47 important?

Proposition 47 was introduced to address prison overcrowding, adopt alternative sentencing methods, and reduce nonviolent offense incarcerations.

Where does rule 47 apply?

Rule 47. Local Rules by Courts of Appeals. (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice.

What are the three types of objections?

There are various ways to categorize objections, but in legal and sales contexts, you often see Substantive Objections (about the content, like Hearsay or Irrelevance), Form Objections (about how something is asked, like Leading or Compound questions), and Sales Objections (related to buyer hesitation, like Price, Need, or Trust). In law, the core types challenge evidence's relevance (Relevance), reliability (Hearsay), or presentation (Leading Question), while in sales, common objections focus on budget, need, or trust issues. 

How is Section 47 CPC applied in court?

(1) An allegation or averment contained in any pleading or affidavit filed in an action for marital dissolution or legal separation made of or concerning a person by or against whom no affirmative relief is prayed in the action shall not be a privileged publication or broadcast as to the person making the allegation or ...

What is Section 47 of the Criminal Procedure Act?

Private persons to assist in arrest when called upon. (1)Every male inhabitant of the Republic of an age not below sixteen and not exceeding sixty years shall, when called upon by any police official to do so, assist such police official— (a)in arresting any person; (b)in detaining any person so arrested.