Judicial Review by Supreme Court in Contractual Matters: Whether Permissible? Contractual rights are the set of rights available to persons who enter into a valid contract with one another. Contract rights usually involve business matters, including
Ownership means you have absolute right over the property that can be exercised at whatever means you like and no one can restrain you in such activities except in accordance with the order of the Court or respective authorities.
Women are guaranteed special rights against arrestI Provisions relating to arrest of womenConstitution of IndiaConstitution of India provides for provision authorising the parliament to make special laws in respect of women.Article 15. (3) Nothing in
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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