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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 |   871 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 |   347 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 |   184 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 |   262 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 |   205 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 |   1093 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 |   321 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 |   593 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 |   1052 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 |   425 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 |   278 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 |   169 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 |   1263 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 |   550 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 |   370 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 |   1146 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 |   721 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 |   589 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 |   678 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 |   607 Views


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