Introduction : 1. Part I (Suits In General) of the Code of Civil Procedure, 1908 (the Code) provides for jurisdiction of the Courts and Res judicata. The term jurisdiction means the authority to en ..
Honble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar - (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under t ..
Essential Feature Of Guarantee-Recoverable Debt Necessary: The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liabl ..
In my view Ignorance of law MUST BE AN EXCUSE in civil matters for the following reasons. There are almost 1,000 Acts, or even more, in our country, including Central, State and delegated legislation by local authorities. It is my humble cha ..
13.02.2011 Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the MORTGAGOR CAN COME TO THE CIVIL COURT before sale with a civil suit for injunction for staying the sale. In Mardia ..
CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get ..
WHETHER PREFERENCE SHARE IS A LIABILITY OR NOT: A COMMON QUESTION THAT NEEDS TO BE ADDRESSED ..
No lis lies when there is no live claim or the cause of action and it is settled legal principle. The requirement of having a live claim for seeking relief is also been highlighted by the Honble Apex Court while dealing with the scope of p ..
.style1 { text-align: left;} This paper deals with the effect of rule of law in India by politician, police and criminal nexus. The rule of law in modern western tradition began with an emancipator promise but even by mid-nineteenth century in the ..
WHEN A COMPANY IS BANKING COMPANY. As per section 5c of THE BANKING REGULATION ACT, 1949 Banking company means any company which transacts the business of banking in India. Thus any company whether foreign or indigenous which transac ..
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