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Lawyersclubindia Articles


State Liability - A Cynical Reality

  mahendra khairnar   21 February 2011 at 16:28

PERSONAL DETAILS 1. NAME- MR. MAHENDRA SUBHASH KHAIRNAR 2. QUALIFICATION- B.COM. , LL.M. (NET), M.COM. (App.) 3. POSITION- Assistant Professor Bharati Vidyapeeths Yash ..


Posted in Civil Law  1 comments |   7978 Views


Are the Banks / Financial Institutions Above Law ?

  Narendra Sharma   19 February 2011 at 14:54

ARE THE BANKS / FINANCIAL INSTITUTIONS ABOVE LAW ? Why a Bank does not agree to any of the rights conferred on sureties by section 133, 134, 135, 139 and 141 of Contract Act, and any Rule of Law or Equity? A Case Study Dena Bank (Letter ..


Posted in Corporate Law  5 comments |   3376 Views


How to Draft A Valid Jurisdiction Ouster Clause

  Narendra Sharma   19 February 2011 at 14:54

Introduction : 1. Part I (Suits In General) of the Code of Civil Procedure, 1908 (the Code) provides for jurisdiction of the Courts and Res judicata. The term jurisdiction means the authority to en ..


Posted in Civil Law  1 comments |   5217 Views


Different Principles for Prosecuting Civil and Criminal Cases

  Narendra Sharma   19 February 2011 at 14:53

Honble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar - (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under t ..


Posted in Constitutional Law |   3935 Views


If ‘No Debt Due’, No Liability Is Incurred By The Guarantor

  Narendra Sharma   17 February 2011 at 17:18

Essential Feature Of Guarantee-Recoverable Debt Necessary: The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liabl ..


Posted in Corporate Law  4 comments |   4012 Views


Ignorance of law Must Be An Excuse in civil matters

  Narendra Sharma   15 February 2011 at 23:16

In my view Ignorance of law MUST BE AN EXCUSE in civil matters for the following reasons. There are almost 1,000 Acts, or even more, in our country, including Central, State and delegated legislation by local authorities. It is my humble cha ..


Posted in Constitutional Law  31 comments |   5941 Views


Under Securitisation Act, Mortgagor Can Come to the Civil Court before sale with a civil suit

  Narendra Sharma   14 February 2011 at 23:50

13.02.2011 Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the MORTGAGOR CAN COME TO THE CIVIL COURT before sale with a civil suit for injunction for staying the sale. In Mardia ..


Posted in Corporate Law  4 comments |   4984 Views


CLB's power and responsibility under section 402?

  Member (Account Deleted)   14 February 2011 at 23:50

CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get ..


Posted in Corporate Law  1 comments |   3279 Views


Whether Preference share is a Liability or not : A Common Question that needs to be Addressed

  Nahid   14 February 2011 at 23:50

WHETHER PREFERENCE SHARE IS A LIABILITY OR NOT: A COMMON QUESTION THAT NEEDS TO BE ADDRESSED ..


Posted in Corporate Law  4 comments |   6795 Views


Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956?

  Member (Account Deleted)   13 February 2011 at 22:58

No lis lies when there is no live claim or the cause of action and it is settled legal principle. The requirement of having a live claim for seeking relief is also been highlighted by the Honble Apex Court while dealing with the scope of p ..


Posted in Corporate Law |   4054 Views