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Civil Law Articles


Costs and Interest

  Navin Kumar Jaggi   20 December 2018 at 12:10

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 ..


Posted in Civil Law |   1466 Views


Transfer of Petition - An effective tool to meet the ends of Justice

  Kappil Cchandna   04 December 2018 at 11:42

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 ..


Posted in Civil Law  1 comments |   1128 Views


Technical Rules of evidence: Extent of applicability to arbitration proceedings

  Smita Singh   03 December 2018 at 12:42

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 ..


Posted in Civil Law  1 comments |   3713 Views


Amendment to the Specific Relief Act in 2018: whether retrospective?

  Smita Singh   27 September 2018 at 16:02

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 ..


Posted in Civil Law |   3291 Views


'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 |   2724 Views


Section 91 (C.P.C.) - A weapon against public nuisance or other wrongful acts affecting public!

  Ajay Bansal   12 September 2018 at 11:52

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 ..


Posted in Civil Law  5 comments |   9756 Views


How to File SLP in Supreme Court of India?

  Kappil Cchandna   03 September 2018 at 11:40

What is meant by a special leave petition ? Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is not an appeal but a petition filed for an appeal. ..


Posted in Civil Law  1 comments |   5225 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 |   3027 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�s business or since the dealings may require significant skill or expertis ..


Posted in Civil Law  1 comments |   501 Views


Holiday Law - Before Brexit

  Navin Kumar Jaggi   04 August 2018 at 14:41

Holiday Law - Before BrexitIntroductionThe Holiday Law regime is an area of Law which was recognized and codified much later in time. Till as late as 1993, the package holiday cases were not supervised by any statute and the relationship between a cl ..


Posted in Civil Law |   387 Views