​​Civil Procedure and Alternative Dispute Resolution

Civil Procedure Code, 1908 is a procedural law which related to administration of Indian Civil Procedure. This act or statute consolidate by various acts of Central and State Legislatures and amend from time to time to enable prompt disposal of the cases and relief to the concerned parties.  Links to the act have been provided with the sources that are subscribed by JGU library (log on to web page of Global Library ) and also, the open access web resources, given below:

• Lexis Advance India: Login through library web page > Go to Publications >Universal Bar Acts > view Table of Contents > The Code of Civil Procedure 1908.
• Manupatra  > Bare Acts, Statutes, Rules and Regulations (Central-> Bare Acts-> Table of Content-> Central Acts/ Statute -Chronological -> Code of Civil Procedure, 1908)
• SCC Online  Go to IP Access to login > from "My Library" select "Browse Acts and Rules" > Select "Central Acts and Rules" > “Code of Civil Procedure, 1908”.
• Westlaw India Go to Legislation > Select “Central Legislation: By Title” and search “Code of Civil Procedure” in Legislation Title.
• The Code of Civil Procedure, 1908 (Law Commission of India)
• The Code of Civil Procedure, 1908 (India Code)

  CPC State amendments can be accessed from subscribed databases by JGU library like Lexis Advace, Manupatra, and Westlaw India.  

2. Pleading and forms
Links to the drafts and forms have been provided with the sources that are subscribed by JGU library and the open access web resources, given below:

• Manupatra (Bill, Drafts, Ordinances, Reports, Stamp Duty, etc. and Forms)
• India Legal Information Institute: Pleadings & Formats

3. Judicial System in India

Supreme Court of India  is the highest court of Indian Judicial System. It has powers to hear cases with the following jurisdictions:

• Appellate Jurisdiction: any order or Judgment in a Civil case, Criminal case, tax case, Intellectual property case, Constitution case or any other case of any High Court of India or the National tribunals can be appealed before the Supreme Court of India.
• Original Jurisdiction: all cases between the Government of India and the States of India
• Advisory Jurisdiction: matters which may specifically be referred to Supreme Court of India by the President of India under Article 143 of the Constitution. The President of India may refer any question of law or public importance to Supreme Court for its advice. But the Supreme Court is not bound to give advice. In case, the advice or the opinion of the Court is sent to the President, he may or may not accept it and the advice of the Court is not binding on the President.

  Supreme Court of India includes Supreme Court Rules, Practice and procedure handbook, Daily Cause List, User Manual) and Forms.

  Links to the Supreme Court judgments have been provided with the sources that are subscribed by JGU library, given below:

• Westlaw India Go to Cases > To browse judgments, select “Supreme Court Judgments” & “full-text judgments”. Now judgment can be browse yearly by party name which is arranged alphabetically. To search judgments, search by Party/ by citation.
• SCC Online Go to IP Access > Find By Citation (on middle bottom) > Select Journal and Enter the citation in search pane. To browse judgments, search “Supreme Court of India” & Select only “Supreme Court” in left side tab. It’ll search all Supreme Court judgment and now you can sort judgment by party/ by decision date from result list.
• Manupatra Go to IP Access-> Supreme Court ( here all supreme court judgments and order can be retrieved by selecting specified period or by legal search, given on middle top)
   

Indian High Courts are the principal civil courts of original jurisdiction in each state and union territory. Indian judicial system comprise 24 High Courts at state and union territory level of India among which Madras High Court, Bombay High Court, Calcutta High Court and Allahabad High Court are the oldest four Indian High Courts. To access official website of Indian high courts with their orders, judgments, causelist and other links click here
         Links to the High Court judgments have been provided with the sources that are subscribed by JGU library,  given below:

• Westlaw India Go to Cases > To browse High Court judgments, select High Court & “full-text judgments”. Now judgment can be browse yearly, by party name which is arranged alphabetically. To search judgments, search by Party/ by citation.
• SCC Online Go to IP Access > Find by Citation (on middle bottom) > Select Journal and Enter the citation in search pane. To browse judgments, search “High courts” & Select required “High Court” in left side tab. It’ll search all judgment and now you can sort judgment by party/ by decision date from result list.
• Manupatra Go to IP Access-> High Courts and other courts ( here all high courts judgments  can be retrieved by selecting specified period or by legal search, given on middle top)

District Courts are under administrative control of the High Court of the State to which the district concerned belongs. District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code.
         Official website of Indian district courts with their orders, judgments, causelist and other links, can be access as follow:

• Indian Courts
• e-Courts

Tribunals and Commissions are courts, judicial body or board which has quasi-judicial functions, such as a public utilities board which sets rates or a planning commission which can allow variances from zoning regulations. To access official website of Indian Tribunals & Commissions and and also their judgments with coverage in subscribed legal databases by JGU Library can be accessed by the Indian trinunals and commission tab.

          Links to the Tribunals & Commissions judgments have been provided with the sources that are subscribed by JGU library, given below:

• Westlaw India Go to Cases and then tribunals, to browse judgments>  select Tribunal & “full-text judgments”. Now judgment can be browse yearly, then by party name which is arranged alphabetically. To search judgments, search by Party/ by citation.
• SCC Online Go to IP Access > Find by Citation (on middle bottom) > Select Journal and Enter the citation in search pane. To browse judgments, search “Tribunal” & Select required “Tribunal or commission” in left side tab. It’ll search all judgment and now you can sort judgment by party/ by decision date from result list.
• Manupatra Go to IP Access-> Tribunals & Commissions ( here all Tribunals & Commissions judgments can be retrieved by selecting specified period or by legal search, given on middle top)
   

Westlaw India Go to Cases and then tribunals, to browse judgments>  select Tribunal & “full-text judgments”. Now judgment can be browse yearly, then by party name which is arranged alphabetically. To search judgments, search by Party/ by citation.Links to the Tribunals & Commissions judgments have been provided with the sources that are subscribed by JGU library, given below:

• SCC Online Go to IP Access > Find by Citation (on middle bottom) > Select Journal and Enter the citation in search pane. To browse judgments, search “Tribunal” & Select required “Tribunal or commission” in left side tab. It’ll search all judgment and now you can sort judgment by party/ by decision date from result list.
• Manupatra Go to IP Access-> Tribunals & Commissions ( here all Tribunals & Commissions judgments can be retrieved by selecting specified period or by legal search, given on middle top)

United States –FRCP   

Civil procedure in the United States consists of the rules of civil procedure that govern procedure in the federal courts, the 50 state court systems, and in the territorial courts where each state is free to operate its own system of civil procedure independent of her sister states and the federal court system.
United States judicial system is stratified into federal courts & state supreme courts which acted simultaneously and are closely linked.

• Federal Court form the judicial branch of the Federal government of the United States and operate under the authority of the United States Constitution and federal law. Federal courts involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues.
• State Supreme Courts every state has adopted a division of its judiciary into at least two levels, and almost every state has three levels, with trial courts hearing cases which may be reviewed by appellate courts, and finally by a state supreme court.
  A few states have two separate supreme courts, with one having authority over civil matters and the other reviewing criminal cases.

United Kingdom – CPR, 1999

Civil Procedure Rules (CPR) used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. To find United Kingdom courts structure, click here
Civil justice in England and Wales, mainly dealt within the County Courts and in more substantial and complex cases, dealt within the High Court. Civil matters are heard at first instance (i.e. not appeals) in the County Court. The County Court hears all Small Claim and Fast Track cases. County Courts designated as 'civil trial centres' may also deal with claims allocated to the Multi Track.

• Supreme Court of the United Kingdom
• County Courts and High Courts

2. Cases & Judgments – Overseas

JGU Library is subscribing a number of legal databases which comprising cases & judgments of overseas countries like United States, Australia, Canada, Hong Kong, Korea, United Kingdom, Asian & European Union and many more. Subscribed Legal Databases list are as given below:

• Lexis Advance
• Westlaw India
• SCC Online 
• Manupatra apart Indian judgments including United States, United Kingdom, International Court of Justice, Bangladesh, Canada, Pakistan, South Africa and Sri Lanka judgments

The Library holds a number of print and e-books on the subject. Books on various aspects of Civil Procedure are shelved in the following sequences:

List of books on Civil Prodecure in Global Library, JGU 

Major Reference Works (Print & eBooks)

Reference works, secondary and tertiary sources are the starting point to begin your research. Some major reference works on Civil Procedure and Arbitration Dispute Resolution are listed below. Links to the JGU library catalogue have been provided with the sources that are available in the library.

Print Books - Indian

• Doabia, T S. MLJ’s Code of Civil Procedure (5 of 1908). Nagpur: LexisNexis, 2010 this four-volume set incorporates all central & state amendments and constitute a complete library of Indian civil procedure.
• Prasad, Binod Mohan. Mulla the Code of Civil Procedure (Act V of 1908). Nagpur: LexisNexis, 2007 the Code is divided into 2 parts one containing the sections which are substantive provisions conferring power on courts and the other containing Orders which are detailed procedures for dealing with those powers. This edition has been divided into 4 volumes. Volume 1 contains the sections while volumes 2 to 4 contain the Orders.
• Thakkar, C K. Code of Civil Procedure (Act V of 1908). Lucknow: Eastern Book Company, 2009 this four-volume set provide a complete view of the provision of each Section of the Act and a critical exposition of the principles involved therein, by references to decisions both English and Indian.
• Sarkar, Sudipto and V R Manohar. Sarkar’s Law of Evidence: in India, Pakistan, Bangladesh, Burma, Ceylon, Malaysia and Singapore. Nagpur: LexisNexis, 2007 this two-volume set contains lucid, comprehensive, accurate and encyclopedic information on Law of Evidence. Vol I of the book contains Sections 1 to 100 and Volume II contains sections from 101 to end.
• Rao, Kesava. Sir John Woodroffe and Syed Amir Ali’s Law of Evidence.Nagpur: LexisNexis, 2008 this four-volume set is the acclaimed all-time classic section-wise commentary on the Indian Evidence Act 1872. Some topics covers here are System of Judicial Enquiry: Traditions and Features, Principles of the Law of Evidence and Indian Evidence Act: An Overview. A comparative study has been made of the British and American law of evidence in the light of the Indian Evidence Act 1872 etc. The text includes central and state amendments and, wherever necessary, Broom's Legal Maxims, Black's Law Dictionary and Corpus Juris Secandum have been drawn on to elucidate principles of law.

Print Books – Foreign

• Mahmood, M. Code of Civil Procedure, 1908. Lahore: Pakistan Law Times Publications, 2010 this two-volume set is based on the rulings and pronouncements of the Superior Courts of Pakistan. The provisions of all the allied enactments like the Limitation Act, Qanun-e-Shahadat Order, West Pakistan Civil Courts Ordinance and other laws have been discussed at appropriate place.
• Lewis, Thomas T. and Richard L Wilson. Encyclopedia of the US supreme court. Pasadena: Salem Press, 2001 this three-volume set consists 1,075 topical essays that devoted to important Supreme Court decisions; historical overviews of how the Court has treated important issues such as civil rights, freedom of speech, and voting rights; areas of law (e.g., administrative, environmental, immigration); specific historical events and eras, including the Civil War, cold war, and World War II; court administration and structure; legal terms (e.g., Advisory opinions, Standing); judicial interpretation of state and federal laws; and biographies of Supreme Court justices, failed nominees, and other persons integral to the Court's operation.
• Civil Procedure. London: Sweet & Maxwell, 2010 this two-volume set consists UK Civil Procedures Rules (CPR) and Practice Directions 2010 which is available in White Book on Westlaw UK.
  Note: To access White Book 2014- Online, go to JGU subscribed database Westlaw India (UKCP-MULT)
• Civil Procedure Handbook 2009/2010. New York: Oxford University Press, 2009 this consist all UK Civil Procedure Rules, Practice Directions, and Pre-Action Protocols approved to 6 April 2009, including the 46th, 47th and 48th Updates to the CPR.
• Best, Arthur. Wigmore on Evidence.  Austin: Wolter Kluwer, 1983 Wigmore's 14 volumes set treatise, continues to influence the law of evidence. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such up-to-the-minute controversies as DNA "fingerprinting" and patient-psychotherapist privilege, this annually supplemented masterwork continues to A authoritative guidance again and again.
• Berg, Albert Jan Van Den. Yearbook Commercial Arbitration. Wolter Kluwer, 2008 is a major source of information and commentary on law and practice in the field. The Yearbook's broad coverage includes: Arbitral awards, both institutional and ad hoc, with a separate accompanying section index; Selected court decisions on arbitration from all around the world during the previous year; Court decisions applying the UNCITRAL Model Law as reported in Case Law on UNCITRAL Texts (CLOUT), which suggest UNCITRAL's growing significance as a source of instruments and texts; New and amended arbitration rules of the primary institutions, both international and national; Awards and decisions of the Iran-U.S. Claims Tribunal, ICC, ICSID, and other bodies; Recent developments in arbitration law and practice; and Decisions applying the major multilateral arbitration conventions (New York 1958, Europe 1961, Washington 1965, Panama 1975), with commentary.
• Born, Gary B. International civil litigation in United States courts. Boston: Kluwer International Law, 1996 includes new sections on international commercial arbitration, choice of law, subject matter jurisdiction, and 28 U.S.C. 1782, as well as comparative materials on the Brussels Convention.
• Stephen N. Subrin et al. Federal Rules of Civil Procedure. New York: Kluwer International Law, 2011 includes excerpts from the Restatement (Second) of Judgments, U.S. Code Titles 9,28 and 42, ALi/UNIDROIT transnational rules of civil procedure, state long-arm and venue statutes including Massachusetts, New York, and California etc. 
• Meadow, Carrie. Dispute resolution: Beyond the Adversary Model. New York: Aspen Pub., 2004 incorporates four key aspects for each of the Negotiation, Mediation, Arbitration, and Hybrid dispute resolution processes: the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses relevant to the process.

E-Books

eBooks can be found in numerous e-books collections subscribed by the library. For a list of e-books collections available at JGU Library. Some of the eBooks on Civil Procedures are listed below:

eBooks in Manupatra

• Arbitration & ADR
• Code of Civil Procedure
• Code of Civil Procedure, 1908
• Law of Evidence

eBooks in HeinOnline

• Wright, Charles Alan. Handbook of the law of Federal courts
• Legal classic ebooks collection on Civil Procedure
• Legal classic ebooks collection on Evidence

eBooks in LexisNexis

• Court Material & Jury Instruction collection includes Federal & State Rules of Court, USCS- Federal Rules of Civil Procedure, Evidence, Appellate Procedure Legislation statute & codes includes Federal & State Rules of Court, USCS- Federal rules annotated etc.
• Treaties & Analytical Material includes Federal Rules of Evidence Manual (FREMAN) the most concise and authoritative reference interpreting the Federal Rules; New Jersey Court Rules Annotated etc.

eBooks in Westlaw India

• Wright & Miller. Federal Practice & Procedure (FPP)- this multi-volume treatise is published by West, a Thomson Reuters business. The database is updated annually by printed supplements and by a monthly cumulative supplemental service pamphlet. The Supplemental Service is prepared monthly by the publisher to timely alert subscribers to new case law, legislation, Rule amendments, journal articles and other substantive developments affecting the subject matter of Federal Practice & Procedure.
• Nichol's Cyclopedia of Federal Procedure Forms (NCFPF) – is a seven-volume set which provides to the practitioner a comprehensive array of federal pleading and practice forms, accompanied by a concise treatment of the latest relevant federal law.
• Witkin's California Treatises (WITKIN) – Witkin treatises are a comprehensive research resource for California law. The entire Witkin treatise collection consists of several multi-volume sets (electronic). Each treatise is organized like an encyclopedia, and features multi-paragraph explanations of legal principles grouped by subject.
• Federal Rules of Civil Procedure, Rules and Commentary (FRCP-RC) – is a 2 volume set database, includes the complete, up-to-date text of all Federal Rules of Civil Procedure and, for each rule, a detailed practice commentary that discusses what the rule does, how it has been applied, and how it relates to other rules or other procedural matters.
• Federal Procedure (FEDPROC) – Federal Procedure, Lawyers Edition, is a  59-volume set database containing 80 chapters. It provides an encyclopedia text treatment of all aspects of federal procedure - civil, criminal, and administrative. Federal Procedure covers procedure for the Federal District Courts, Courts of Appeals, and the Supreme Court, as well as comprehensive coverage of procedure for specialized courts and administrative agencies.

e-Journals

Here is a list of top ranked journals of civil litigation and dispute resolution , (Source: Washington & Lee University School of Law) available at JGU Library:

• Supreme Court Review. Pub.: University of Chicago Law School. (for 1960-2008 issues available in Heinonline and from 1993 onwards available in Westlaw India)
• The Federal Courts Law Review. Pub.: Federal Magistrate Judges Association. (from 1998 onwards available in Heinonline)
• Journal of Empirical Legal Studies. Pub.: Wiley Blackwell. (Vol. 1-6 available in Heinonline and from Vol. 6 onwards available in Lexis Advance)
• The Journal of Appellate Practice and Process. Pub.: University of Arkansas at Little Rock -School of Law. (from Vol. 1 onwards available in Heinonline)
• Journal of International Dispute Settlement. Pub.: Oxford University Press. (Vol.1-2 available in Westlaw India)
• The Journal of American Arbitration (Pub.: Juris Publishing, Inc.)- not subscribed by JGU Library
• Arbitration International (Pub.: Wolters Kluwer) - not subscribed by JGU Library
• Judicature.  Pub.: American Judicature Society. (from Vol. 1 onwards available in Heinonline)
• Defense Counsel Journal.  Pub.: International Association of Defense Counsel. (from Vol. 1 onwards available in Heinonline)
• Journal of Private International Law.  Pub.: Hart Pub. (Vol.1-4 available in Heinonline)

In addition of the above mentioned top ranked journals, click here to access a number of databases subscribed by Global Library which consist numerous journals of civil litigation and dispute resolution such as Heinonline, Lexis Advance, Westlaw India, SCC Online, Manupatra, Duke Journals, Cambridge Journals, Oxford Journals, Taylor & Francis Journals, JSTOR etc.

Judicial Appointments

• Method of appointments of judges (Law Commission) - India
• Procedure of appointments of judges - United Kingdom
• Judicial appointments - Australia

Judicial Recusal
Judicial recusal or judicial disqualification refers to the act by which a judge recuses himself or removal of a judge on a party’s motion.

• Disqualification of justice, judge, or magistrate judge- United States
• Judicial Disqualification Resource Center by specific countries i.e. Australia, Canada, New Zealand and United Kingdom.

Legal Abbreviation

• Abbreviations of legal publications (Monash University Law Library) use this Guide to find the meaning of abbreviations of legal publications. The Guide allows you to browse a comprehensive listing of legal abbreviations in alphabetical order. This Guide is developed by the Monash University Law Library.
• Cardiff Index to Legal Abbreviations allows you to search for the meaning of abbreviations for English language legal publications, from the British Isles, the Commonwealth including Australia, and the United States, including those covering international and comparative law. A wide selection of major foreign language law publications is also included. The database is developed by Cardiff University.

Legal Citation

• Australian Guide to Legal Citation (AGLC3) is the official referencing style guide of the School of Law at ACU. The full text of the 4th edition of the Australian Guide to Legal Citation, the most recent edition, is available online. For Quick Guide to Referencing Using AGLC4,  click here.
• Blue Book Online,20^th edition is subscribed by Global Library, JGU and is available in Central Block. This is a guide for legal citation in the United States which provides a systematic method by which legal professionals communicate important information about the sources and authorities upon which they rely in their work. As a part of Print Collection Global Library holds Blue Book a uniform system of citation which is  available in the reference section as well. 

Blogs can be very useful sources of information on civil procedure as they offer analysis of current developments; discussion of problems and issues arising under court rules, as well as discussion of recently filed or decided cases.

• Civil Procedure & Federal Courts providing information, news and analysis for law professors, practitioners and the general public about the law of civil procedure in the US.
• Civil Procedure Blog provide the most up to date information on Federal Rules of Civil Procedure with the cases to each rule. The Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil lawsuits) in United States district federal courts.
• Federal Civil Practice Bulletin dedicated to federal civil practice and procedure.
• Wasserman's Civil Procedure blog by Professor Howard Wasserman
• Prawfs Blawg covers variety for topics of law including civil procedure 
• ABA Journal compiled a list on Civil Procedures Blogs. To see this list, click here

There are several free and for purchase apps, available for Android devices that can assist with Civil Procedure information updates. Android Apps for Civil Procedure can be found in the following general sources:

• Civil Procedure Android Apps