civil law

I knew the meaning of the word derogatory. If someone makes a derogatory remark against me, it will hurt me. Still in order to understand the CPA (Consumer Protection Act, 1986),  I browsed the internet as well as looked into the dictionary. The internet gave me the following meaning:   p style="text-align: ..

These days the real estate sector is down and many builders are delaying construction and abandoning the construction work and thereby as a result of which the real estate fraud is emerging, the innocent buyers and the consumers are the rel victims. Indian buyers are very patient and tolerant as well as ignorant that is the reason why they are getting exploi..

Arbitration and conciliation (amendment) Act 2015   The salient features of the amendment are   High Court has power in International Commercial Arbitration.   An Indian registered..

Co-operative Housing Societies and the Consumer Protection Act, 1986   There are several instances, particularly in Maharashtra, where District Consumer Forums, and even the State Commission. have entertained complaints from members of Co-operative Housing Societ..

Where there is a WILL, there is a Way   This Old saying is correct when we talk about it in terms of Willingness, but in terms of Legal World, the way these days seem to be little difficult as well as time consuming. Since WILL has become one of the most favorite..

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The purpose of this enactment is to prevent the unlawful dispossession of any person from the property. If the dispossession is done the only remedy is under this section which is the..

Since, being the part of the legal profession, I take it as my responsibility to ensure that Justice should not only be done, but seem to have been done. In today’s world where most of the financial transactions are done in the name of “friendly loans” without any precautions being taken because of the long lasting friendship and trust factor in..

Jurisdiction of civil court is a fundamental aspect of the justice delivery system. One civil court is empowered to entertain any suit of a civil nature unless its jurisdiction is either expressly or impliedly barred (Section 9 of the Civil Procedure Code (CPC)). In case the civil court does not have jurisdiction, then the decree passed by that court is a nullity..

Section 151 of the Civil Procedure Code, 1908 (CPC) preserves the inherent power of civil courts in the matter of a civil suit. Often armed with this power the civil courts issue orders in the aid of justice.    In case of conflict with some express provision of a statute, w..

In the continuation of a suit or legal proceedings, if the legal provision gets amended, the hotly debated issue remains as to which is the applicable law in respect of the proceedings.   Recently, Hon’ble High Court at Calcutta in Smt Ashita Prasad Misra Vs Sh..

Arbitrability of a dispute is a concept which encompasses a lot of matters. Because arbitration is a process of adjudication of a dispute by means of privately constituted tribunal instead of civil courts, the eligibility of such a dispute to be arbitrated assumes importance. Arbitral tribunal can only grant the reliefs which are in personam, as opp..

Arbitration agreement is the starting point of initiating any arbitration. It is an agreement to submit to arbitration a present or a future dispute. In one case of UK Jurisdiction from the Technology and Construction Court (TCC) in the name of Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC), a peculiar situation arose. In this writ..

Section 9 of the Citizenship Act, 1955 makes provision for termination of citizenship. The Section reads as follows:   “9. Termination of Citizenship- (1) Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, or has at any time between ..

Section 9 of the Civil Procedure Code, 1908 prescribes that civil courts shall have jurisdiction to try all suits of a civil nature excepting the suits of which their cognizance is barred either expressly or impliedly. In many statutes one section is provided which excludes the jurisdiction of the civil courts and confers jurisdiction upon a special..

A woman employee of IL&FS has sought a compensation of Rs. 6 crores from the organization complaining to the police that IL&FS did not do anything to redress her complaints while a senior officer in her organization was sexually harassing her by using abusive language after she refused his advances, Economic Times reported on 19th August, 20..