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Lawyersclubindia Articles


Evidentiary Value Of E-Contracts

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

It’s an undisputed fact that E-Commerce has become a part of our daily life. One such justification for the popularization of E-Commerce would be immoderate technological advancement. E-Commerce, as the name suggests, is the practice of buying ..


Posted in Civil Law |   3962 Views


S.125 CrPC– is desertion a defence only till divorce?

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

Sub-section (4) of Section 125, Cr. P.C. provides as under :-"(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with ..


Posted in Family Law  2 comments |   10881 Views


Bigamy - can not be inferred from confession

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

In P. Satyanarayana and another v. P. Mallaiah 1996 AIR SCW 4000 : (1996) 6 SCC 122 the wife-respondent filed a written complaint before the police under Section 494 of the Indian Penal Code which after investigation was put in Court for trial of th ..


Posted in Family Law |   4643 Views


Reservation – not a fundamental right

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

In C. A. Rajendran v. Union of India, (1968) 1 SCC 721 : (AIR 1968 SC 507) it was clearly laid down by the five Judge Bench that Article 16(4) was only an enabling provision, that Article 16(4) was not a fundamental right and that it did not im ..


Posted in Constitutional Law |   2811 Views


Strict liability of State and act of stranger

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

One of seven exceptions of rule of strict liability laid down in Rylands v. Flectcer (1868) LR 3 HL 330, is act of stranger i.e. if the escape was caused by the unforeseeable act of a stranger, the rule does not apply. But, in a case of electr ..


Posted in Civil Law |   5183 Views


FAQ ON PARTNERSHIP

  M. PIRAVI PERUMAL   16 July 2009 at 13:31

1. Should a partnership firm be registered?Not necessarily. However, unless a partnership firm is registered with the registrar of firms and societies, the rights of the partners inter se or against strangers cannot be enforced in a court of law. If ..


Posted in Civil Law |   3327 Views


Administrative Tribunals – whether covered under Art. 227?

  Swami Sadashiva Brahmendra Sar   14 July 2009 at 22:25

In Nagendra Nath Bora vs. Commissioner of Hills Division and Appeals, AIR 1958 SC 398, that under Article 226, the power of interference may extend to quashing an impugned order on the ground of a mistake apparent on the face of the record. But under ..


Posted in Constitutional Law |   2435 Views



Posted in Criminal Law |   992 Views


Origin of Legal Process Outsourcing

  indranil ghosh   14 July 2009 at 11:51

Globalisation has revolutionised the way work is accomplished and enabled new collaborations and competiti ..


Posted in Others |   872 Views


DOCTRINE OF SOVEREIGN IMMUNITY

  Neeraj Aarora   13 July 2009 at 18:45

NEERAJ AARORA-APPLICABILITY TO CLAIMS UNDER THE MOTOR VEHICLE ACTThe Old and archaic concept of Sovereign immunity that “King can do no wrong” still haunts us, where the state claim immunity for its tortious acts and denies compensation t ..


Posted in Others |   3224 Views