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civil law


Liability on Flawed legal opinion

The Supreme Court  in Central Bureau of Investigation, Hyderabad vs. K. Narayana Rao (2012 (6) CTC 569)nailed down that a lawyer cannot be prosecuted for a criminal offence if he gave a legal opinion to a bank, which was found to be wrong, unless there was evidence to show that he was part of a conspiracy for ..

Posted in articles |   8 comments |   3445 Views


Appointment of arbitrator solely by one party - does it resolve or give rise to disputes

Arbitration, world over is a tool to resolve a dispute between two parties privately by an independent party. Being an alternate dispute resolution mechanism and possibly a less-time consuming one, most agreements in India contained clauses for resolution of disputes by the method of arbitration. This was probably best summed up by Mr. Barry Feinstein, who said t..

Posted in articles |   10 comments |   12627 Views


Changing Indian Attire with Changing Time- with special reference to Law relating to Maintenance

Abstract: The culture of India refers to the religions, beliefs, customs, traditions, languages, ceremonies, arts, values and the way of life in India and its people. Indian culture is changing in consonance with changing time. Of course, change is the Rule of the nature & Survival is optional. Changes are o..

Posted in articles |   2 comments |   1992 Views


Analysis of the term 'Wrongful Act' as a constituent of a Tort Claim

Untitled 2 INTRODUCTION OF TORT   Law of tort is concerned with the allocation and distr..

Posted in articles |   3 comments |   7028 Views


Condonation of Delay in case of Appeals

Section 5 of the Limitation deals with condonation of delay in case of appeal. Since the limitation period for appeals is very short, this section is then introduced to meet the end of justice such that the purpose of justice is not defeated merely because there is “sufficient cause” is present due to which an appeal was not preferred. This section e..

Posted in articles |   4 comments |   9722 Views


Mental Elements - Essentially in Tort

1.1 MEANING OF TORT   “Tort” dict..

Posted in articles |   1 comments |   18590 Views


Supreme Court Judgement in Sahara India Real Estate Corp Ltd & ors Vs. SEBI

Fact   Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited (SHIC),appellants herein are the companies controlled by the Saharas group. The two appellants companies have raised about 19000 crores rupees from investo..

Posted in articles |   2998 Views


The Effect of Bharat Aluminium Judgment on Arbitration in India

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Posted in articles |   4 comments |   7645 Views


Promissory Estoppel

1.0 INTRODUCTION    All of us know what estoppel is. I first heard about it when I was reading section 28 of the Partnership Act, 1932 which provides that a person holding out to an outsider providing credit to the firm is estopped from pleading that..

Posted in articles |   3190 Views


Provision of Limitation Act. 1963 for appeal

Law relating to limitation is incorporated in the Limitation Act 1963 which prescribes different periods of limitation for suits, petition or applications. The act applies to all civil proceedings and some special criminal proceedings which can be taken in the court of law unless its application is excluded by any enactment. The Act extends to who..

Posted in articles |   5 comments |   11074 Views


Right to Information and Citizens Right- A Dilemma.

Introduction:-   The Indian Constitution has established Democratic, Republic principles. The extreme requirement of Democracy is informed citizenry and transparency public affairs. The transparency of information is vital to its functioning. Since the instrumental..

Posted in articles |   4 comments |   3784 Views


Specific Relief and its Provision

Little Description:   The Law relating to the specific relief provided in the Specific Relief Act 1963. The Act was enacted to define and amend the law relating to certain specific relief. As per the England meani..

Posted in articles |   8 comments |   7234 Views


Suit by Indigent Person

The Hon'ble Supreme Court in the case of A.A.Haja Muniuddin Versus Indian Railways(1993) 1 MLJ 38 (S.C.) held   Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee. Such a view would leave indigent per..

Posted in articles |   2 comments |   4071 Views


SARFAESI - Bank - mere 'Moneylender'

Empowered by the SARFAESI, Act, 2002, the role of Banks have changed. From holding the pride of building the economy in the past era, now Banks have narrowed down their role and activities as a strict and severe usual `moneylender'.   The Banks have deviated from the avowed pur..

Posted in articles |   8 comments |   2244 Views


Administrative law in India; In need of reformation

A View Point of Civil Liability   The Law Commission of India constituted in 1955 observed, “The vast amount of Legislation which has been enacted by the Union and the States, a great deal of which impinges in a variety of ways on our lives and o..

Posted in articles |   3 comments |   5659 Views




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