This law was enacted during the end of Nineteenth-Century when plague, which was brought from Hong Kong to British India, killed about 10 million people in India. In fact, this enactment which contains just four sections was made known only when the ongoing pandemic entered our country from across the borders during Apri..
Justice Ajit Prakash Shah, Former Chief Justice of Delhi High Court, Chairman, 20th Law Commission of India has evaluated the concept of Right to Recall and published vide 255th Report under Chapter XII rejecting this proposal and the report was submitted to the then Hon’ble Union Law & Justice Minister Mr. D.V. Sadananda Gowda vide D.O. No.6(3)/240/2013-L..
Objective of the Article: Explain dispute resolution mechanism. Brief introduction of offshore and onshore arbitration Provide relevant amendments in Arbitration and Conciliation Act, 1996 vide Arbitration and Conciliation Amendment Act, 2019 ..
Cause of action means What we term as cause of action is a bundle of facts which forms the ground for a civil suit. The plaintiff must have to prima facie convince the court as to the existence of the facts relating to cause of action for the court to proceed with the suit. Cause of action is the foundation ..
A frequently encountered episode in civil litigation is the service of summons. Order V of the Code of civil procedure exclusively deals with the issue and service of summons. When a suit has been instituted, summons are issued to the defendant so as to enable him to present his version of the case within 30 days from the date of service of summons. Where the court ..
Police assistance by civil courts No specific provision is provided in the Civil Procedure Code, 1973 (CPC) for enabling a civil court to order police assistance to a party to a case. But the civil court can direct the police to give assistance in implementing its own orders. In giving s..
RECAPITULATING SECTION 29A OF THE ARBITRATION AND CONCILIATION ACT,1996. INTRODUCTION This article attempts to analyze a purely legal question as to whether an award can be passed after the mandate of an arbitrator has terminated, by placing reliance on a recent judgment of the Hon'ble..
Who is the legitimate claimant when the bank deposit/insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other? The laws have no specific provision to differentiate between legitimacy of a nominee and a legal heir in receiving the deposit/insurance amount of ..
Power of the Civic Body to form roads on its own accord in a private property. An owner of a land applies for a sanction plan to convert his land use to residential, with no stipulation as to the duration within which the land has to be plotted, roads earmarked and open sites if any on that piece of property. S..
What a Vakalatnama is Vakalatnama is a legal document being executed by every litigant as prescribed by law for the purpose of engaging an advocate to conduct some specific judicial proceedings and doing all what is lawfully necessary in that regard in a court. It is a species of Power of Attorney. The term originated from Urdu..
One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chap..
ASSESSMENT OF COMPENSATION IN MOTOR ACCIDENT CLAIM CASES Motor Accident occurs generally due to the interplay of various factors like (i) human error, (ii) road environment and (iii) vehicular condition and including Traffic rules violations i.e. Rash and Negligent Driving. For remedial actions, which incl..
Court can attach salary Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates. <p style="text-align..
Provision on filing written statement As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written statement of his defence within 30 days from the date of service of summons. The proviso to the rule enables the Court to extend the period for..
Introduction Any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may be made or done by the party by a counsel, appearing, applying or acting as the case may be, on his behalf. Once a party to litigation authorizes a counsel to re..