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civil law


Time is the essence of contract

TIME IS NOT THE ESSENCE OF THE CONTRACT UNLESS SPECIFIED.    o:..

Posted in articles |   10492 Views


Arbitration or Court

Quite a few documents reflect the presence of two different types of clauses in an agreement.  The agrement may be of any kind.  Take for instance an agreement to sell or agreement to rent out a property. One clause may read that "any dispute must be referred to abritration under the Arbitration and the Conciliation Act".   There is also another clause which may re..

Posted in articles |   1 comments |   1677 Views


An Open Stautory Notice to Union of India

    : An Open Statutory Notice:   To p style="margin-bottom: 0cm" lang="en-G..

Posted in articles |   2 comments |   1852 Views


EXECUTOR -WILL

  Executor -WILL .A executor should be a person who should not be a minor or a person of unsound mind. Any number of persons including the beneficiaries may be appointed as executors. The appointment of more than one Executor is for alternation arrangem..

Posted in articles |   2989 Views


Consumer Protection Act

 Consumer Protection Act 1986 (Copra) The consumer prote..

Posted in articles |   3514 Views


NCDRC JUDGEMENT ON GAS CYLINDER EXPLOSION

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (CIRCUIT BENCH AT PUNE, MAHARASHTRA) FIRST APPEAL NO. 196 OF 2006 (From the order dated 10.01.06 in Complaint No.217/1999 of the State Commission, Maharashtra) New India Assurance Co. Ltd. …. Appellant Vs. Kaluraj Jasraj Vyas & Ors. ..

Posted in articles |   4305 Views


Second Appeal - Law prevails over Truth

In a decisionspan style="mso-spec..

Posted in articles |   3985 Views


Market value for acquired land

In CIVIL APPEAL NO.3332 OF 2001 T.S. Ramachandra Shetty  v. Chairman, Karnataka Housing Board& Anothera title="" style="mso-endnote-id: edn1" href="http://www.lawyersclubindia...

Posted in articles |   1973 Views


Probate

  PROBATE According to section 2 of the Indian Succession Act 1925, probate means the copy of a WILL certified under the seal of the court of the competent jurisdiction with a grant of administration of the estate of the Testator. It is the declaration ..

Posted in articles |   3159 Views


WILL

WILL span style="font-style: normal; mso-bi..

Posted in articles |   2569 Views


Approbate and Reprobate

Law does not permit a person to both approbate and reprobate. This principle is based on the doctrine of election which postulates that no party can accept and reject the same instrument and that "a person cannot say at one time that a transaction is valid and thereby obtain..

Posted in articles |   14042 Views


Rent control in U.P.

His lordship honorable Rakesh Tiwari, J in Civil Misc. Writ Petition on No. 69351 of 2006, Abdul Jalil v Special Judge EC Act and others, made elaborate discussion on the scheme, object and relevant provisions of Uttar Pradesh Urban Buildings (Regulation..

Posted in articles |   3 comments |   24022 Views


Principle of Hedley Byrne

 The true width of the Hedley Byrne principle was obscured until recently by the facts and background to the case. A case of pure economic loss, it also involved careless advice. As such, l..

Posted in articles |   9904 Views


Evidentiary value of certified copy of sale deed

Acceptance of certified copy as evidence is not limited to production of certified copy of sale deed in evidence but also enables party producing it to rely on contents of document without examining vendor/vendee. Such certified copi..

Posted in articles |   4186 Views


Limitation Act – Art.58 v. Art. 113

Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue ..

Posted in articles |   6270 Views




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