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05 August 2019 at 17:44

Partition Suit: Principles & Practices

  POSTED BY K Rajasekharan

What partition meansPartition is the division of jointly held properties, along with the associated rights, into different portions and delivery thereof to the respective persons. In partition the joint ownership comes to an end and the respective pa

  1 comments |   402 Views


15 July 2019 at 12:15

What a family Settlement essentially is

  POSTED BY K Rajasekharan

What a family settlement means Family settlement precisely is an arrangement or agreement entered into by the members of a family for division of property. It aims at the settlement of actual or apprehended family disputes, by compromising on some do

  2 comments |   439 Views


09 July 2019 at 10:21

Stages of a Civil Suit in a nutshell

  POSTED BY K Rajasekharan

IntroductionEvery suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it.The detailed rules, governing the presentation of a plaint, are included

  8 comments |   900 Views


07 June 2019 at 13:21

Second appeals: prerequisites and manner of consideration

  POSTED BY Smita Singh

IntroductionUnder Code of Civil Procedure, in a first appeal[1] arising from original decree, the appellate court is required to deal with all the issues and the evidence of the case, so as to either interfere with or confirm the original decree. It

  0 comments |   267 Views


07 June 2019 at 13:21

Designation of non-judicial institution to appoint arbitrator under Arbitration and Conciliation (Amendment) Bill, 2018: Concerns

  POSTED BY Smita Singh

IntroductionUnder the Arbitration & Conciliation Act, 1996 (the �Principal Act�), the parties are free to appoint arbitrators. In case of disagreement on an appointment, the parties can request, in case of international arbitration,

  0 comments |   189 Views


20 May 2019 at 13:10

Will: Its legal aspects in a nutshell

  POSTED BY K Rajasekharan

IntroductionLaw relating to Will is a difficult and complicated branch of law. It is mainly because Will comes into effect only after the death of the person making it and it is many a time drafted by someone with little knowledge of law and command

  1 comments |   409 Views


16 May 2019 at 12:11

Notice for instituting suits against the government under the code of civil procedure, act v of 1908

  POSTED BY Navin Kumar Jaggi

Sections 79 to 82 and Order 27 of the Civil Procedure Code has duly laid down the procedure for institution of suits by or against the Government. T

  2 comments |   176 Views


03 May 2019 at 15:25

A case to confine inquiry at the stage of appointing Arbitral Tribunal

  POSTED BY Smita Singh

Introduction The Arbitration & Conciliation Act, 1996 (�the Principal Act�) was enacted as a part of economic reforms. It aimed at ensuring that arbitration proceedings are just, fair and effective; and to minimize the intervention of

  0 comments |   95 Views


01 May 2019 at 13:25

Consumer Protection Bill 2018 : An Opportunity Lost

  POSTED BY Sarthak Nayar

Indian Parliament has been notorious for its regular disruptions where parties deliberately stall its functioning, this practice may have large political impact and media also covers its widely unfortunately the main purpose of the parliament i.e. pa

  0 comments |   418 Views


21 January 2019 at 15:14

Framing of Issues in a Civil Suit

  POSTED BY K Rajasekharan

What the term issue means The term "issue" in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. It is the point on which a case itself is decided i

  6 comments |   2459 Views


03 January 2019 at 15:31

Amendment in Specific Relief Act

  POSTED BY chetansharma

Amendment in Specific Relief Act � A positive change for Infrastructure Companies Dealing with present laws is a challengefor infrastructure companies. The recent amendment in the Specific Relief Act will change the entire system.Our country pa

  0 comments |   494 Views


20 December 2018 at 12:10

Costs and Interest

  POSTED BY Navin Kumar Jaggi

Chapter One: IntroductionThe concept of Interest has been discussed in Section 34 of the Code of Civil Procedure, which gives the court the discretion to grant interests on the principle sum in a money suit. The concept has multiple facets to it, lik

  0 comments |   219 Views


04 December 2018 at 11:42

Transfer of Petition - An effective tool to meet the ends of Justice

  POSTED BY Kapil Chandna

This is the provision inserted in Code of Civil Procedure under section 25 reads as under-Power of Supreme Court to transfer suits, etc.(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be

  1 comments |   377 Views


03 December 2018 at 12:42

Technical Rules of evidence: Extent of applicability to arbitration proceedings

  POSTED BY Smita Singh

Introduction Arbitration, an alternative dispute resolution mechanism is expected to afford faster and cheaper alternative dispute resolution mechanism. As a part of economic reforms that triggered in early 1990s, the Arbitration & Conciliation

  1 comments |   297 Views


27 September 2018 at 16:02

Amendment to the Specific Relief Act in 2018: whether retrospective?

  POSTED BY Smita Singh

Introduction The Specific Relief Act, 1963 (the Principal Act) was enacted to define and amend law relating to certain kinds of specific reliefs. It contained provisions concerning inter-alia specific performance of contracts; contracts not specific

  0 comments |   1551 Views


26 September 2018 at 13:55

'Accord and satisfaction' as a mode of discharge of contract

  POSTED BY Smita Singh

Introduction Discharge of contract occurs in various ways. If both Parties to a Contract have performed their respective obligations agreed by them, the Contract is discharged by

  0 comments |   439 Views


12 September 2018 at 11:52

Section 91 (C.P.C.) - A weapon against public nuisance or other wrongful acts affecting public!

  POSTED BY Ajay Bansal

Section 91 of Code of Civil Procedure 1908, (C.P.C.), India � A Good weapon against public nuisance or other wrongful act affecting or likely to affect the public In the year 2001, the Lawyers of District Bar Association, Hisar went on indefini

  3 comments |   1184 Views


03 September 2018 at 11:40

How to File SLP in Supreme Court of India?

  POSTED BY Kapil Chandna

What is meant by a special leave petition ? Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is not an appeal but a petition filed for an appeal.

  1 comments |   1928 Views


09 August 2018 at 11:03

The contours of principle of 'business efficacy' in interpreting commercial contracts

  POSTED BY Smita Singh

Introduction Principle of 'business efficacy' is well recognized tool for interpreting a commercial contract inter se the parties. Documenting terms of a commercial contract may not always be perfect enough to capture and provide for all

  2 comments |   801 Views


06 August 2018 at 13:26

Taming an agent

  POSTED BY Smita Singh

Introduction It is common for people to carry on their in business dealings with third parties though an agent. This could be on account of the vastness of the principal�s business or since the dealings may require significant skill or expertis

  1 comments |   296 Views










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