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Lawyersclubindia Articles


Conviction for offence for which charge was not framed

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Conviction for offence for which charge was not framed In view of S. 464, Cr.P.C. , it is possible for the appellate or revisional Court to convict an accused for an offence for which no charge was framed unless the Court is of the opinion that a fai ..


Posted in Criminal Law |   1368 Views


Limitation Act – Art.58 v. Art. 113

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

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 ..


Posted in Civil Law |   6754 Views


Territorial jurisdiction of High Court

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Territorial jurisdiction of High Court 1. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20(c) of the Code of Civil Procedur ..


Posted in Constitutional Law |   2774 Views


Litigations/Tactics By Borrowers Must Be Precluded

  G. ARAVINTHAN   30 May 2009 at 22:41

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 ..


Posted in Civil Law |   1852 Views


Interest under Land Acquisition Act

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

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 ..


Posted in Civil Law |   2023 Views


CONCESSION AVAILABLE TO NRI'S ON RETURN

  M. PIRAVI PERUMAL   29 May 2009 at 12:50

NRIs, who return to India after 18th April,. 1992 after having been "a person resident outside India" for a continuous period of at least one year, have been granted the following general permissions on their return to India: (1) To maintai ..


Posted in Others |   1049 Views


IMPORT OF GOLD AND SILVER BY NRI'S

  M. PIRAVI PERUMAL   29 May 2009 at 12:50

The Government has permitted NRI’s to legally import gold (Maximum 5 kgs. w.e.f. 1-1-97, duty of Rs. 220 per 10 grams increased to Rs. 250 from June, 1998 and Rs. 400 from 5th January, 1999) and silver (100 Kgs. Per passenger, duty of Rs. 500 p ..


Posted in Others |   936 Views


Difference between inquiry officer and disciplinary authori

  Swami Sadashiva Brahmendra Sar   29 May 2009 at 11:10

In State Bank of India v. S.S. Kosal 1994 AIR SCW 2901 the supreme court held that where the Disciplinary Authority disagreed with the findings of the Enquiry Officer on some of the charges. No such fresh opportunity is contemplated by the State Bank ..


Posted in Labour & Service Law |   7041 Views


What is Third Party Insurance?

  G. ARAVINTHAN   29 May 2009 at 11:10

There are two quite different kinds of insurance involved in the damages system. One is Third Party liability insurance, which is just called liability insurance by insurance companies and the other one is first party insurance.A third party insuran ..


Posted in Students |   2809 Views


Amicus Curiae

  G. ARAVINTHAN   29 May 2009 at 11:10

Amicus curiae[1] or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as “friend of the court”, that refers to someone, not a party to a case, who volunteers to offer information on a point of law or ..


Posted in Constitutional Law |   2629 Views