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Civil Law Articles


Pre-Trial Conferences in Singaore

  Swami Sadashiva Brahmendra Sar   26 September 2009 at 07:01

The Pre-Trial Conference is a pro-active case management process. PTCs reflect the court's approach to the administration of justice, which considers the interests of litigants, the administration of justice, and the communitarian need to ensure that ..


Posted in Civil Law |   2049 Views


rent eviction

  ashutosh mishra   20 September 2009 at 23:03

Sir, There is a case filed in the lower court of Chandigarh for vacation of house with details as under: The house has been constructed and allotted by Chandigarh Housing Board. The case for vacation of the dwelling unit is filed in Civil Court af ..


Posted in Civil Law |   2271 Views


Norms for granting interim relief

  Swami Sadashiva Brahmendra Sar   15 September 2009 at 13:04

Hon’ble Dr. B.S. Chauhan, J. in a Special Leave Petition[1] that was filed against refusal of interim relief by the Bombay High Court has elaborately discussed the norms for granting an interim order by the courts, specially by writ courts. Ref ..


Posted in Civil Law |   4581 Views


Fixation of primary liability on insurer

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

A bench comprising of Hon’ble M Katju and Hon’ble AK Ganguli, JJ have has criticized the judicial trend of imposing the primary liability on the Insurance Co. to satisfy the award amount in motor accident claims with a liberty to recover ..


Posted in Civil Law  1 comments |   2486 Views


Jurisdiction of Consumer Forum if there is statutory remedy

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 7687 OF 2004 General Manager, Telecom v. M. Krishnan & Anr. Decided on 1st Sept, 2009, the supreme court while setting aside a Full Bench decision of Kerala High Court , has held jurisdiction of the con ..


Posted in Civil Law  1 comments |   2670 Views


Student not a consumer of Education Board

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 3911 of 2003 Bihar School Examination Board v. Suresh Prasad Sinha decided on 04/09/2009 the Supreme Court considered the question, whether a statutory School Examination Board comes within the purview of the Consumer P ..


Posted in Civil Law  1 comments |   4675 Views


PARTNERSHIP AND FAQ

  M. PIRAVI PERUMAL   03 September 2009 at 08:58

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 |   2599 Views


Rights of nominee vis-à-vis legal heirs

  Swami Sadashiva Brahmendra Sar   23 August 2009 at 23:20

In Smt. Sarbati Devi & Another v. Smt. Usha Devi (1984) 1 SCC 424, the Supreme Court held that a mere nomination does not have the effect of conferring to the nominee any beneficial interest in the amount payable under the life insurance policy, ..


Posted in Civil Law  5 comments |   9073 Views


Land acquisition – Deduction towards development charges

  Swami Sadashiva Brahmendra Sar   21 August 2009 at 16:13

In K.S. Shivadevamma & Others v. Assistant Commissioner & Land Acquisition Officer & Another (1996) 2 SCC 62 it was observed that: the Supreme Court has laid as a general rule that for laying the roads and other amenities 33-1/3% is requi ..


Posted in Civil Law |   3815 Views


Impounding of passport - Impact of Hon'ble SC Judgement

  pervez   12 August 2009 at 15:05

Impounding of passport - Impact of the Judgment delivered by Hon’ble SC inSuresh Nanda Vs C.B.I. AIR 2008 SC 1414 ( Decided on 24/01/2008)I. Case Law on impounding of passport in Criminal Proceedings:Recently, the Hon’ble SC in the above ..


Posted in Civil Law |   5673 Views