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civil law


Litigations/Tactics By Borrowers Must Be Precluded

 It is pertinent to mention that the reluctance of borrower in payment of their debts to banks and other financial institutions has given ..

Posted in articles |   1700 Views


Interest under Land Acquisition Act

In order to decide the question whether the provisions of S. 34 of the Act regarding payment of interest would be applicable to a case where possession has been taken over prior to issuance of notification under S. 4(1) of the Act it is necessary to have a look at t..

Posted in articles |   1794 Views


Procedure for challenging an arbitrator

 The parties are free to agree on a procedure for challenging an arbitrator: Section 13(1) Failing any agreement on a procedure for challenging t..

Posted in articles |   1416 Views


Competence of arbitral tribunal to rule on its jurisdiction

 (1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,---- p style="font-family: arial, ve..

Posted in articles |   2196 Views


Lawyers’s Preparation For The Examination In Chief

 (A) Planning Ahead: What is the Witness’ Role? 1. The Theme of the Case...

Posted in articles |   1536 Views


Art Of Preparing A Structure For Examination In Chief

 1. Outline. The questions should be written in the lingo of the ear, not the eye. There needs to be a trial book maintained whose help needs to be taken. The entire process must look impr..

Posted in articles |   2999 Views


Applicability of the Civil Procedure Code to Matters Before

 The Arbitration and Conciliation Act of 1996 is enacted by Parliament to fall in line with the “uncitral model law on international commercial arbitration”, adopted by the UN in 1985, which recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of law of arbitral procedure and the specific needs of international c..

Posted in articles |   2562 Views


Option between Ss. 163 – A and 166 of M.V. Act

Section 163-A was inserted in the Act to provide for payment of compensation in motor accident cases in accordance with the Second Schedule providing for the structured formula which may be amended by the Central Govt. from time to t..

Posted in articles |   1771 Views


Will - Disinheritance of heirs of equal degree

Although freedom to bequeath one's own property amongst Hindus is absolute both in extent and person, including rank stranger, yet to have testamentary capacity or a disposable mind what is required of propounder to establish is that the testator at time of disposition knew and understood the property he was disposing and persons who were to be beneficiaries of his disposition.Prudence, ..

Posted in articles |   2731 Views


Applicability of limitation Act in Excise matters

Whether Limitation Act is applicable to special Acts, when its application is not  expressly excluded,  is the subject matter of discussion ..

Posted in articles |   3190 Views


What is Land Acquisition ?

 Land Acquisition can be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. This acquisition may be against the will of the owners but ..

Posted in articles |   1684 Views


MV Act- compentation for death of children

''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?'' The supreme court in Civil Appeal no 3608/2009, R.K.Malik and Anr v. Kiran Pal and Ors., decided on 15/5/2009, had occasion to consider this issue. In this case, children of claimants were studyi..

Posted in articles |   1808 Views


MV Act- Compensation amount on death of children

On 15/05/2009 the supreme court in civil appeal no 3608/2009 had occasion to consider ''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?'' In this case, children of claimants were studying in school. when these children were proceeding to the scho..

Posted in articles |   3902 Views


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Posted in articles |   2 comments |   9053 Views


WHAT AMOUNTS TO DEFAMATION ?

Defamation may be by words, either spoken or intended to be read, or by signs or visible representation. Any person who makes or publishes any imputation concerning any person, knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, to defame that person. HOWEVER THERE ARE CERTAIN EXCEPTIONS 1. It is not defamation to impute..

Posted in articles |   2962 Views




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