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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 |   573 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 |   217 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 |   347 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 |   523 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 |   260 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 |   254 Views

04 August 2018 at 14:41

Holiday Law - Before Brexit

  POSTED BY Navin Kumar Jaggi

Holiday Law - Before BrexitIntroductionThe Holiday Law regime is an area of Law which was recognized and codified much later in time. Till as late as 1993, the package holiday cases were not supervised by any statute and the relationship between a cl

  0 comments |   143 Views

25 July 2018 at 10:46

Motor Vehicle Act, 1988: An Overview

  POSTED BY Kapil Chandna

IntroductionWith the development of the society, the law governing it also becomes sensitive to various events associated to it. There are many rash acts, which were not considered earlier as such but today, are believed to be an act of negligence an

  3 comments |   689 Views

04 July 2018 at 11:00

Misuse of Domestic Violence Laws: A Legislative Dynamism

  POSTED BY Navin Kumar Jaggi

Misuse of Domestic Violence Laws: A Legislative Dynamism �No nation founded upon injustice can stand. From the sand enshrouded Egypt, from the marble wilderness of Athens, from every fallen, crumbling stone of once mighty Rome Comes a wail, as

  0 comments |   380 Views

02 July 2018 at 13:58

Compensation Claim By Way Of Cost Escalation - On Account of Prolongation of Contract Period

  POSTED BY Smita Singh

Introduction When under a contract an employer entrusts works to a contractor to be carried out in a time bound manner by supplying specified material and/or by deploying resources like staff, labour, machinery etc., the employer usually undertakes r

  1 comments |   225 Views

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

  4 comments |   810 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 |   672 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 |   378 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

  4 comments |   518 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 |   533 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 |   331 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 |   985 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 |   327 Views

05 March 2018 at 10:54

Electricity as a Legal Right


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 |   771 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 |   633 Views


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