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civil law


Res Ipsa Loquitur - The presumption of negligence

Negligence is the omission to do something which a reasonable man guided by those considerations which ordinarily guide the conduct of human affairs would do, or doing something that such man would not do. Succinctly put it is the unintentional failure to conform to the conduct of a reasonable Man.    p styl..

Posted in articles |   6 comments |   3509 Views


The Philosophy of Law of Torts

This is a brief introduction to the Law of torts and its dynamism.   The Philosphy of Law of Tort   Tort also known as delict in Roman Law, means wrong/twisted conduct. In Society everyone has a ..

Posted in articles |   1 comments |   3149 Views


A Bird's eye view of the Law of Limitation

The Laws of Limitation are statutes of peace and repose, statues that manifest the policy of law in lending its aid only to those who are vigilant and not those who sleep over their rights (Vigilantibus Non Dormentibus Juria Subvenient). Limitation laws suggest that all disputes/claims/remedies should be kept alive only for a legislatively fixed period of time, f..

Posted in articles |   7 comments |   12367 Views


Corporate social responsibility and environment

ABSTRACT   Corporate social responsibility is the buzzing words in every sphere of the corporate sector. Corporate social responsibility has its ethos in the   business self regulation, which is considered as integrated and inseparable part of the business models...

Posted in articles |   1 comments |   5605 Views


Global joy on Siberian Court dismissing plea to ban Bhagwad Gita

GLOBAL JOY AMONG DEVOTEES OF YOGESHWAR KRISHNA   My joy is unbound when I read on the news wire that the Tomsk Court in Siberia, Russia has dismissed the State Prosecutors"plea to ban the Bhagwad Gita As It Is as a piece of extremist literature that..

Posted in articles |   5 comments |   1441 Views


Justice Delayed is Justice Denied

Indeed an old maxim in the realm of law says that if dispensation of justice is delayed for one reason or the other it amounts to denying justice. Pakistan administration, specially the Pakistan Army is denying justice to thousands of Pakistani citizens who have been detained in various jails on suspicion of being Islamist terrorists or alternatively aiding and abetting terrorism on the soil of..

Posted in articles |   4 comments |   4199 Views


Point to Consider Before Drafting of Tenancy Agreement

Point To Consider Before  Drafting of Tenancy Agreement ..

Posted in articles |   9 comments |   6294 Views


Limitation Bars Suit, Not Defence

A defendant in a suit can raise any legitimate plea in his defence available to him to resist the claim of the plaintiff. Such a plea of the defendant might have been barred by limitation had he raised the same as plaintiff in a suit instituted by him. But limitation does not stand on his way when he raises the very same plea in his defence as defendant in a suit..

Posted in articles |   2 comments |   4698 Views


Jurisdiction of Civil Court

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Validity of Stamp

According to ratio of Thiruvengada Pillai Vs. Navaneethammal and Anr a recent Supreme Court Judgement dated 19-02-2008, the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:   “The Indian Stamp Act, 1899, nowhere p..

Posted in articles |   12 comments |   4228 Views


Sarfaesi Act, 2002 - Borrowers' Woes

Many instances have come to light about borrowers’ woes particularly belonging to SME sector and who are languishing because of callous and apathetic treatment being faced by them in violation of the rules and laws of SARFAESI Act by the Authorised Officer of the bank and some of the Presiding Officers at DRT.   ..

Posted in articles |   1 comments |   3898 Views


Consortium Documents: Question of Stamp Duty

Question: Whether Joint Deeds of Hypothecations and Joint Deeds of Mortgages executed in Consortium Finance are covered under Section 5 or under Section 6 of Bombay Stamp Act or they do embrace separate and distinct matters or transactions or not? Whether or not they are liable to be stamped as separate instrument with separate stamp duty?   Ans: No   Joint..

Posted in articles |   3 comments |   5030 Views


Exemption from filing Original Documents in Suits: Delhi High Court

Justice Rajiv Sahai Endlaw in a recent unreported Judgment has dealt with the power of the Court with relation to permitting a party to a civil suit to file only photocopy of the document and exempt such party from placing the original document on the file of the court..

Posted in articles |   10 comments |   5544 Views


No Review of A Judgment, If Appeal Already Decided

1. Introduction Recently, hon’ble Supreme Court ini style="mso-bidi-font-style:norma..

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Inherent Powers of Civil Court to do Justice

In this Article I am dealing with the inherent powers of the civil Courts to do justice. The Courts existed even when there was no written statue on the fundamental principle to do justice and to amicably settle the matter. The Courts exist to even today and it has natural power inherited in it by virtue of its duty to do justice between the parties.   p ..

Posted in articles |   12 comments |   5434 Views




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