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Lawyersclubindia Articles


Objection to the jurisdiction of civil court

  Anupam Lahiri   05 November 2015 at 15:31

Jurisdiction of civil court is a fundamental aspect of the justice delivery system. One civil court is empowered to entertain any suit of a civil nature unless its jurisdiction is either expressly or impliedly barred (Section 9 of the Civil Procedure ..


Posted in Civil Law |   3 comments |   7519 Views


Hash value: Authentication and admissibility in Indian perspective

  Neeraj Aarora   05 November 2015 at 15:30

Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the cr ..


Posted in Others |   7166 Views


Interpretation of Partnership Deed to ascertain the tax liability

  Anupam Lahiri   03 November 2015 at 15:16

The write up is based on an old Supreme Court Case in the name of Commissioner of Income Tax, Patiala Vs RB Jodha Mal Kuthiala AIR 1966 SC 1433. The statute concerned is Income Tax Act, 1922 as amended by Income Tax (Amendment) Act, 1939 (1939 Act).F ..


Posted in Taxation |   1237 Views


False Imprisonment

  subrato angadi   31 October 2015 at 10:56

ANALYSING THE CONSTITUENTS OF FALSE IMPRISONMENT - False Imprisonment-False imprisonment is a civil wrong and is one of the intentional torts. When li ..


Posted in Students |   6 comments |   5171 Views


Limits of Sec 151 of CPC clarified by the Calcutta High Court

  Anupam Lahiri   31 October 2015 at 10:56

Section 151 of the Civil Procedure Code, 1908 (CPC) preserves the inherent power of civil courts in the matter of a civil suit. Often armed with this power the civil courts issue orders in the aid of justice. In case of conflict with some express pro ..


Posted in Civil Law |   2 comments |   3012 Views


Amendment of law-Legal position of applicable law

  Anupam Lahiri   31 October 2015 at 10:56

In the continuation of a suit or legal proceedings, if the legal provision gets amended, the hotly debated issue remains as to which is the applicable law in respect of the proceedings.Recently, Hon�ble High Court at Calcutta in Smt Ashita Pras ..


Posted in Civil Law |   2 comments |   1008 Views


Arbitrability of a dispute explained

  Anupam Lahiri   29 October 2015 at 17:49

Arbitrability of a dispute is a concept which encompasses a lot of matters. Because arbitration is a process of adjudication of a dispute by means of privately constituted tribunal instead of civil courts, the eligibility of such a dispute to be arbi ..


Posted in Civil Law |   1142 Views


Writ Petition challenging Constitutional Validity of legislation- some points

  Anupam Lahiri   29 October 2015 at 17:49

In the constitutional setup, the High Court as well as the Supreme Court of India is the guardian of the Constitution. These two courts have the power to scrutinize the vires of any legislation. This judicial scrutiny of legislation done by way of Wr ..


Posted in Constitutional Law |   15 comments |   9662 Views


Legality of restrictive clause in Share Purchase Agreement

  Anupam Lahiri   28 October 2015 at 11:59

Today is the day of joint ventures and corporate marriages. Different corporate bodies enter into agreement to form a special purpose vehicle for undertaking different projects. In such situation, one of the basic requirements is a Shareholding Agree ..


Posted in Corporate Law |   2 comments |   1179 Views


Desiderata of an arbitration agreement

  Anupam Lahiri   28 October 2015 at 11:59

Arbitration agreement is the starting point of initiating any arbitration. It is an agreement to submit to arbitration a present or a future dispute. In one case of UK Jurisdiction from the Technology and Construction Court (TCC) in the name of Turvi ..


Posted in Civil Law |   953 Views