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Lawyersclubindia Articles


Procedure for challenging an arbitrator

  G. ARAVINTHAN   29 May 2009 at 11:10

The parties are free to agree on a procedure for challenging an arbitrator: Section 13(1)Failing any agreement on a procedure for challenging the arbitrator, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aw ..


Posted in Civil Law |   1513 Views


Competence of arbitral tribunal to rule on its jurisdiction

  G. ARAVINTHAN   29 May 2009 at 11:10

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,----(a) an arbitration clause which forms part of a contract ..


Posted in Civil Law |   2319 Views


Whether Female Foeticide is Justied or not?

  G. ARAVINTHAN   29 May 2009 at 11:10

These unscrupulous murders of female or girls is justified on two grounds. First, it reduces the population and second is that the poor parents will be saved from the expenses which they would have to incur in the marriage of their daughter if she h ..


Posted in Criminal Law |   1121 Views


Identity Theft

  G. ARAVINTHAN   29 May 2009 at 08:23

Identity Theft as a term refers to Fraud that involves stealing money or getting other benefits by pretending to be someone else. The term is relatively new and is actually a misnomer, since it is not inherently possible to steal an identity, only t ..


Posted in Others |   661 Views


Truth detection methods:

  G. ARAVINTHAN   29 May 2009 at 08:23

Television show lawyers speak a lot about "circumstantial evidence". "Circumstantial evidence" however is not so much a type of evidence as it is alogical principle of deduction. Deduction is reasoning from general known principl ..


Posted in Others |   692 Views


Evidence of defense at the stage of charge

  Swami Sadashiva Brahmendra Sar   29 May 2009 at 00:03

The expression "the record of the case" is used in S. 227 of the Code. Though the word "case" is not defined in the Code but S. 209 throws light on the interpretation to be placed on the word. Section 209 which deals with the comm ..


Posted in Criminal Law |   1450 Views


What is 'Rape'

  G. ARAVINTHAN   28 May 2009 at 15:51

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope ..


Posted in Criminal Law |   1289 Views


What is RAPE ? an offence under Indian Penal Code

  G. ARAVINTHAN   28 May 2009 at 15:51

According to the Indian Penal Code, 1860, a man is said to have committed `rape’ when he has had sexual intercourse with a woman under these conditions :a. Against her will b. With her consent when her consent has been obtained by putting her ..


Posted in Criminal Law |   4990 Views


Lawyers’s Preparation For The Examination In Chief

  G. ARAVINTHAN   28 May 2009 at 15:50

(A) Planning Ahead: What is the Witness’ Role?1. The Theme of the Case.2. The Order of Witnesses3. What witness says(B) Preparing the Witness. 1. Prior Testimony.2. Current Testimony.3. The Use of Documents to Refresh Recollection.4. The Cross ..


Posted in Civil Law |   1680 Views


Art Of Preparing A Structure For Examination In Chief

  G. ARAVINTHAN   28 May 2009 at 15:50

1. Outline. The questions should be written in the lingo of the ear, not the eye. There needs to be a trial book maintained whose help needs to be taken. The entire process must look impressive and spontaneous to some extent. Maintaining eye contact ..


Posted in Civil Law |   3139 Views