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18 June 2018 at 10:53

Attesting witness: Whether bound by contents of the document?

  POSTED BY Smita Singh

IntroductionThe parties entering into a contract usually reduce the agreed terms into writing for record and affix their signatures to the document as evidence of its due execution. Often such documents, apart from signatures of the parties contain s

  1 comments |   223 Views


13 June 2018 at 12:26

Live-in relationships & domestic violence act - The decisive test

  POSTED BY Prashanti

The point of discussion is whether in a broken Live- in relationship, the non- maintenance of a woman would attract Section 3 of the Domestic Violence Act. Before going into detail, t

  0 comments |   395 Views


12 June 2018 at 13:46

Contactor's claim for damages for prolongation of work: Period of limitation applicable

  POSTED BY Smita Singh

Introduction Often an employer entrusts to a contractor certain works to be carried out under a contract, in a time bound manner by deploying resources like staff, labour, machinery etc. In such cases the employer typically assumes reciprocal obliga

  1 comments |   161 Views


07 June 2018 at 15:03

Effect of misrepresentation: Whether renders a document void or voidable?

  POSTED BY Smita Singh

Misrepresentation as to content Section 19 of the Indian Contract Act makes an agreement consent to which is caused by misrepresentation voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by

  3 comments |   305 Views


31 May 2018 at 14:10

Proposed amendment to Specific Relief Act: Need to deal with impact of lapse of time and escalation of price in specific performance cases

  POSTED BY Smita Singh

The proposed amendment to section 20 of Specific Relief ActSection 20 of the existing Specific Relief Act 1963 recognizes that grant of relief of specific performance, is discretionary. The court is not bound to grant such relief merely because it is

  0 comments |   371 Views


28 May 2018 at 12:58

Extent of applicability of promissory estoppel against State

  POSTED BY Smita Singh

Understanding promissory estoppelThe doctrine of promissory estoppel is evolved by equity to avoid injustice and to mitigate the rigor of strict law. The doctrine is neither in the dominion of contract nor in the domain of estoppel[1]. It is based on

  0 comments |   218 Views


21 May 2018 at 16:41

Legal enforceability of Letter of Intent or Memorandum of Understanding

  POSTED BY Smita Singh

Introduction It is not uncommon for the parties to a contract to, upon agreeing into principal/broad terms of their agreement, reduce the same into writing and call the same as Letter of Intent (LoI), Term Sheet or Memorandum of Understanding (MoU).

  3 comments |   586 Views


08 May 2018 at 12:46

Amendments in the Commercial Courts, Division and Appellate Division of High Courts Act 2015

  POSTED BY Raja Mani.K

1. Earlier the pecuniary jurisdiction was fixed as Rs. 1 Crore and above, now it was reduced to as �not less than Rs. 3 Lakh�.2. The pecuniary value shall not less than Rs. 3 Lakh and not more than the pecuniary jurisdiction exercisable b

  2 comments |   247 Views


05 March 2018 at 10:54

Electricity as a Legal Right

  POSTED BY SPITI SARKAR

ELECTRICITY AS A LEGAL RIGHTElectricity as a basic amenity and the mode of its supply to consumers has various facets. The electricity distribution in major cities is the domain

  0 comments |   586 Views


05 March 2018 at 10:54

Law regarding vesting and divesting in Mithakshara joint family property

  POSTED BY Rudrawar Narayanreddy

Law regarding vesting and divesting in Mithakshara joint family property. Mithakshara Coparcenary family, there is community of interest and unity of possession between all the members of the family, and upon the death of any one of them the others m

  4 comments |   507 Views


02 February 2018 at 10:46

Territorial Jurisdiction of 'Court' on applications u/s 9 of domestic Arbitration

  POSTED BY Vignesh Venkat

Territorial Jurisdiction of 'Court' to entertain applications under Section 9 in respect of domestic Arbitration under The Arbitration and Conciliation Act, 1996

  1 comments |   477 Views


01 February 2018 at 10:14

Hindu adopted sons rights in the coparcenary property of his natural family U/s 12(b) of the act

  POSTED BY Rudrawar Narayanreddy

Section 12(b) of Hindu adoption and Maintenance act 1956�Property vested before adoption cannot be divested and he will take along with him to his adopted family�.Whether birth right of coparcenary interest is vesting or not?What constitu

  4 comments |   519 Views


29 January 2018 at 10:42

Whether a suit for cancellation of any registered instrument is barred by law of limitation?

  POSTED BY Chirag Bhatt

As a lawyer, it becomes routine to come across the issue pertaining to a fact that a suit is 'barred by law'. An issue involved in this article is whether a suit for cancellation of any instrument is barred by law . Let me discuss it in d

  3 comments |   594 Views


23 January 2018 at 14:04

Specific relief act - Alternative relief versus main relief

  POSTED BY Anil Satyagraha

ACTUS CURIAE NEMINEM GRAVABIT. ACT OF THE COURT SHALL PREJUDICE NO ONE. In this article, the author delves upon the issue of Alternative Relief versus Main Relief in a Suit For Specific

  1 comments |   388 Views


15 January 2018 at 11:07

Important Judgments on Presumption of Service by Registered Post

  POSTED BY Dr J C Vashista

Important Judgments on Presumption of Service by Registered PostIntroductionPresumption of certain facts:The legal proposition in context of presumption of service by registered post can be found under Section 114 of the Indian Evidence Act. The prov

  2 comments |   673 Views


11 January 2018 at 10:48

Arbitration Clause: Say it straightforwardly

  POSTED BY Ricky Chopra

HIM, a technology equipment supplier from a foreign land and YOU, a technology equipment agent from India entered into an agreement. The arbitration clause of the agreement clearly mentioned that all disputes aris

  0 comments |   394 Views


02 January 2018 at 11:40

Important Judgments on Presumption of Service by Registered Post

  POSTED BY Dr J C Vashista

IntroductionPresumption of certain facts:The legal proposition in context of presumption of service by registered post can be found under Section 114 of the Indian Evidence Act. The provision envisages the law regarding presumption of certain facts.

  1 comments |   476 Views


18 December 2017 at 12:27

Transfer petition in favor of the wife

  POSTED BY Nitish Banka

What is a Transfer Petition ?Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court

  0 comments |   382 Views


14 December 2017 at 10:33

Remedies the Specific Relief Act 1963 provides

  POSTED BY K Rajasekharan

Introduction A contract establishes a contractual obligation on the parties involved. It binds them either to do or not to do certain things. When there is a failure in performance of the obligation, either of the parties can sue the other. The most

  2 comments |   820 Views


26 October 2017 at 12:26

Difference In Powers Of Courts And Arbitrunal Tribunal In Reference To Interim Measures Under Arbitration And Conciliation Act 1996 & 2015

  POSTED BY Rishub

INTRODUCTION WHAT IS ARBITRATION??Arbitration is a flexible and consensual process for resolving business disputes in a binding and enforceable manner, wherein parties refer their dispute to a neutral third party (�the arbitrator�) for se

  1 comments |   318 Views










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