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Articles by Smita Singh

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'Accord and satisfaction' as a mode of discharge of contract

  Smita Singh   26 September 2018 at 13:55

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 ..

Posted in Civil Law |   1995 Views

The contours of principle of 'business efficacy' in interpreting commercial contracts

  Smita Singh   09 August 2018 at 11:03

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 ..

Posted in Civil Law  2 comments |   2472 Views

Taming an agent

  Smita Singh   06 August 2018 at 13:26

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´┐Żs business or since the dealings may require significant skill or expertis ..

Posted in Civil Law  1 comments |   437 Views

Compensation Claim By Way Of Cost Escalation - On Account of Prolongation of Contract Period

  Smita Singh   02 July 2018 at 13:58

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 ..

Posted in Civil Law  1 comments |   2305 Views

Attesting witness: Whether bound by contents of the document?

  Smita Singh   18 June 2018 at 10:53

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 ..

Posted in Civil Law  4 comments |   6802 Views

Contactor's claim for damages for prolongation of work: Period of limitation applicable

  Smita Singh   12 June 2018 at 13:46

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 ..

Posted in Civil Law  1 comments |   2368 Views

Effect of misrepresentation: Whether renders a document void or voidable?

  Smita Singh   07 June 2018 at 15:03

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 ..

Posted in Civil Law  4 comments |   1949 Views

Whether plea of adverse possession is only a shield and not a sword?

  Smita Singh   05 June 2018 at 10:23

IntroductionUnder Indian Limitation Act, 1963 a suit instituted after the period prescribed, is not maintainable and shall be dismissed.[1]Article 65 of the Limitation Act prescribes the period of limitation for suits for possession of immovable prop ..

Posted in Property Law  3 comments |   3167 Views

Proposed amendment to Specific Relief Act: Need to deal with impact of lapse of time and escalation of price in specific performance cases

  Smita Singh   31 May 2018 at 14:10

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 ..

Posted in Civil Law |   937 Views

Whether all lis pendens transactions are invalid?

  Smita Singh   29 May 2018 at 10:12

Understanding doctrine of lis pendensSection 52 of Transfer of Property Act, 1882 (TP Act) embodies the doctrine of lis pendens. The doctrine provides that during the pendency of a litigation in which any right to immovable property is in question, s ..

Posted in Property Law  1 comments |   2542 Views

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