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Lawyersclubindia Articles


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


Applicability of the Civil Procedure Code to Matters Before

  M. PIRAVI PERUMAL   28 May 2009 at 15:50

The Arbitration and Conciliation Act of 1996 is enacted by Parliament to fall in line with the “uncitral model law on international commercial arbitration”, adopted by the UN in 1985, which recommended that all countries give due conside ..


Posted in Civil Law |   2728 Views


An Overview of Concept of Marriage in Muslim Law

  G. ARAVINTHAN   28 May 2009 at 15:50

Islam, unlike other religions is a strong advocate of marriage. There is no place of celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said “There is no Celibacy in Islam”.Marriage acts as an outlet for sexual ..


Posted in Family Law |   3105 Views


Criminal prosecution of Company - Changing judicial views.

  Swami Sadashiva Brahmendra Sar   28 May 2009 at 15:50

"Criminal prosecution of Company - Changing judicial views": The Full Bench of the Delhi High Court in Municipal Corporation of Delhi v. J. B. Bottling Company, (1975) Cri LJ 1148 and the Full Bench of the Allahabad High Court in Oswal Van ..


Posted in Corporate Law |   3468 Views


Option between Ss. 163 – A and 166 of M.V. Act

  Swami Sadashiva Brahmendra Sar   28 May 2009 at 15:50

Section 163-A was inserted in the Act to provide for payment of compensation in motor accident cases in accordance with the Second Schedule providing for the structured formula which may be amended by the Central Govt. from time to time. S. 140 of th ..


Posted in Civil Law |   2590 Views


Custody of Children under Christian Law

  G. ARAVINTHAN   27 May 2009 at 12:01

Christian law per se does not have any provision for custody but the issues are well solved by the Indian Divorce Act which is applicable to all of the religions of the country. The Indian Divorce Act, 1869 contains provisions relating to custody of ..


Posted in Family Law |   5619 Views


Custody of Children under Hindu Law

  G. ARAVINTHAN   27 May 2009 at 12:01

All the personal law matrimonial statutes make provisions for dealing with the issue of child custody. The provisions in the matrimonial Acts can, however, be invoked only when there are some proceedings pending under the Act. Hindus have an additio ..


Posted in Family Law |   4063 Views


Factors Considered by the Courts when Granting Custody

  G. ARAVINTHAN   27 May 2009 at 12:01

# The welfare of the minor is very broadly defined and includes many diverse factors, notably:# the age, sex and religion of the minor: courts take into account the personal law of the father). Thewelfare of younger children is generally regarded as ..


Posted in Family Law |   2237 Views