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Lawyersclubindia Articles


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 |   7115 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 |   2850 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 |   2677 Views


Procedure for challenging an arbitrator

  G. ARAVINTHAN   29 May 2009 at 11:10

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 ..


Posted in Civil Law |   1574 Views


Competence of arbitral tribunal to rule on its jurisdiction

  G. ARAVINTHAN   29 May 2009 at 11:10

(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 ..


Posted in Civil Law |   2445 Views


Whether Female Foeticide is Justied or not?

  G. ARAVINTHAN   29 May 2009 at 11:10

These unscrupulous murders of female or girls is justified on two grounds. First, it reduces the population and second is that the poor parents will be saved from the expenses which they would have to incur in the marriage of their daughter if she h ..


Posted in Criminal Law |   1183 Views


Identity Theft

  G. ARAVINTHAN   29 May 2009 at 08:23

Identity Theft as a term refers to Fraud that involves stealing money or getting other benefits by pretending to be someone else. The term is relatively new and is actually a misnomer, since it is not inherently possible to steal an identity, only t ..


Posted in Others |   748 Views


Truth detection methods:

  G. ARAVINTHAN   29 May 2009 at 08:23

Television show lawyers speak a lot about "circumstantial evidence". "Circumstantial evidence" however is not so much a type of evidence as it is alogical principle of deduction. Deduction is reasoning from general known principl ..


Posted in Others |   788 Views


Evidence of defense at the stage of charge

  Swami Sadashiva Brahmendra Sar   29 May 2009 at 00:03

The expression "the record of the case" is used in S. 227 of the Code. Though the word "case" is not defined in the Code but S. 209 throws light on the interpretation to be placed on the word. Section 209 which deals with the comm ..


Posted in Criminal Law |   1544 Views


What is 'Rape'

  G. ARAVINTHAN   28 May 2009 at 15:51

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope ..


Posted in Criminal Law |   1404 Views