Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue accrues'. The dis ..
It is pertinent to mention that the reluctance of borrower in payment of their debts to banks and other financial institutions has given rise to various economical problems. It is not only immensely damaging the development of public and private sec ..
In order to decide the question whether the provisions of S. 34 of the Act regarding payment of interest would be applicable to a case where possession has been taken over prior to issuance of notification under S. 4(1) of the Act it is necessary to ..
The parties are free to agree on a procedure for challenging an arbitrator: Section 13(1)Failing any agreement on a procedure for challenging the arbitrator, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aw ..
(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,----(a) an arbitration clause which forms part of a contract ..
(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 ..
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 ..
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 ..
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 ..
Although freedom to bequeathone's own property amongst Hindus is absolute both in extent and person, including rank stranger, yet to have testamentary capacity or a disposable mind what is required of propounder to establish is that the testator at t ..
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