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civil law

Negotiable Instrument Act

Introduction Negotiable Instrument is a combination of two words Negotiable and Instrument with subject to their different meaning as “Negotiable is transferrable” and “Instrument is written document”. Two modes are being used for the Negotiable Instrument for its transferability either it can be deliv..

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Encumbrance Certificate doesn't show all liabilities

Encumbrance means what The term encumbrance refers to the charge created on any property, particularly the immoveable property. An Encumbrance Certificate (EC) discloses whether the property in question is free from any liability or is with liability such as a mortgage or an un-cleared loan. T..

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Statutory framework related to dynamic management of critical data for governance

Right to Information Act, 2005 came into force in place of The Freedom of Information Act, 2002 serves as the only information source under legal framework for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority in our democracy which guarantees a..

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The Epidemic Diseases Act, 1897

  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..

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Electoral Reforms

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..

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A quick insight of Dispute Resolution under Indian Contract Law

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 ..

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What is meant by Cause of Action in a Civil Suit?

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 ..

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Substituted Service: Any incongruence between C.P.C and Limitation Act 1963?

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 ..

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Ordering police assistance by the civil 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..

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Power to extend time for passing an arbitral award by the courts

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..

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Challenge between the legal heir & the nominee regarding the deposit of the deceased

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 ..

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Right of Civic Body to lay roads in a Private Land

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..

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Law relating to filing of Vakalatnama in Civil Cases

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..

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Sale of property in execution of a decree

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..

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Accident Claims Under Motor Vehicle Act 1988: Assessment, Filing, Liability, Method and Compensation!

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..

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