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The Law of Pleadings in India With Precedents

The Law of Pleadings in India With Precedents

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Description
•  Alternative pleadings - Permissibility of
•  Amendment of Pleadings - unnecessary When
•  Allegation regarding jurisdiction - how should be made 
•  Oral Pleadings - necessary when
•  Res judicata - how to be pleaded
•  Drafts for written argument - highlighted
As a student of law, I was advised to read book of Shri P.C. Mogha on Pleadings for having a grip on the subject. After graduating in law, as an advocate, I had sought help of this book in my day to day practice. As a judge, I found the book equally useful. The Law of Pleadings in India is a classic book on pleadings. After my retirement when I was asked to update the book by Shri G.C. Mogha, son of Shri P.C. Mogha, I felt honoured. All efforts have been made to update the book with latest case laws and the recent thinking of Supreme Court of India and other High Courts on pleadings. However, the judicial pronouncements in a vast country like India by different High Courts and Supreme Court on each issue are so enormous that it is not possible to include each and every judgment in a book and keep the book in a concise form. Only important judgments thus which laid down the law in a very lucid manner have been included. Repetitive judgments have not been included. One additional chapter on pleadings before regulatory authorities, tribunals has also been included. This chapter will help the users of the book to have a glimpse of law in respect of different regulatory bodies and tribunals and the kind of pleadings expected by these bodies. Most of the regulatory authorities have prescribed forms and effort has been made to inform the reader of requirements of these regulatory bodies. It is hoped that the book shall serve the students, advocates, law researchers and judges equally.
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Contents
Part I - Principles of Pleading
Chapter I.        Pleadings Generally
Chapter II.       Facts, not Law
Chapter III.     Material Facts
Chapter IV.     Facts, not Evidence
Chapter V.      Form of Pleadings
Chapter VI.     Particulars
Chapter VII.    Alternative and Inconsistent Pleadings
Chapter VIII.   Variance between Pleading and Proof
Chapter IX.     Amendment of Pleadings on Direction by Court
Chapter X.      Voluntary Amendment of Pleadings
Chapter XI.     Frame of Suit
Chapter XII.    Parties to Suit
Chapter XIII.   Plaint - The Structure
Chapter XIV.   Plaint-The Substantial Portion and Relief
Chapter XV.    Defence
Chapter XVI.   Appeals in General
Chapter XVII.  Reviews, Revision, Appeals, Requirements of 
Chapter XVIII. Applications or Petitions
Chapter XIX.   Affidavits
Chapter XX.    Written arguments/Submissions
Part II - Precedents
I         - Plaints in Suits arising out of Contract
II        - Plaints in Suits for Torts
III       - Plaints in Other Suits
Part III - Writs
Part IV - Election Petitions 
Part V - Pleadings Before Quasi - Judicial Bodies and Tribunals

I         - Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
II        - Cyber Appellate Tribunal (CybAT)
III       - Competition Commission of India (CCI)
IV       - Competition Appellate Tribunal (COMPAT)
V        - Securities Appellate Tribunal (SAT)
VI       - Debt Recovery Tribunal (DRT)
VII      - Central Administrative Tribunal (CAT)
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Author Details
P.C. Mogha, B.A., LL.B.
Former Chief Justice Vindhya Pradesh, Rewa, Law and Revenue Minister, Jammu and Kashmir State, formerly Legal Remembrancer and Secretary to Government, U.P. Judicial and Legislative Departments, Government Conveyancer, Member of the U.P. Legislative Council, and Member of the faculty of Law of the Agra University and Author of the Law of the Indian Conveyancer India. Eighteenth Edition Edited by
G.C. Mogha, Former District and Sessions Judge
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