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civil law

Can Salary Be Attached by Court to Satisfy a Decree/Order?

Court can attach salary Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates. p style="text-align..

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Filing of written statement after 90 days

Provision on filing written statement As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written statement of his defence within 30 days from the date of service of summons. The proviso to the rule enables the Court to extend the period for..

Posted in articles |   2 comments |   13 Views

Effect of concession made by counsel

Introduction Any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may be made or done by the party by a counsel, appearing, applying or acting as the case may be, on his behalf[1]. Once a party to litigation authorizes a counsel to re..

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Introduction to 'Civil Law'

Civil law is an area of law concerned with the rights of individuals, corporations, and the government. An individual may be the victim of a criminal act by another person or business, for example. Civil law covers lawsuits for injuries, wrongful death, property damages, or personal injury claims. Civil law provides a framework..

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Proving an 'Old/Ancient Will' and 'Presumption' in Such Cases!

Execution and attestation of Will A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA), requires to be attested by two or more witnesses. Each of the witnesses must have either seen the testator sign or affix his mark to the Will, or give directions/stron..

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Judicial review by Supreme Court in contractual matter

Judicial Review by Supreme Court in Contractual Matters: Whether Permissible? Contractual rights are the set of rights available to persons who enter into a valid contract with one another. Contract rights usually involve business matters, including the provision of products and services. In the modern scenario..

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How to Protect your Property and Proof of Ownership

Ownership means you have absolute right over the property that can be exercised at whatever means you like and no one can restrain you in such activities except in accordance with the order of the Court or respective authorities. An ownership may be conditional as well such as lease. An owner means a person who is entitled to use, transfer or confine the 'subject&..

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Women's rights against arrest

Women are guaranteed special rights against arrest I. Provisions relating to arrest of women Constitution of India Constitution of India provides for provision authorizing the parliament to make special laws in respect of women. Article 15(3) Nothing in this article shall prevent the State from making any..

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Partition Suit: Principles & Practices

What partition means Partition is the division of jointly held properties, along with the associated rights, into different portions and delivery thereof to the respective persons. In partition the joint ownership comes to an end and the respective parties are vested with the eligible shares. p style="t..

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What a family Settlement essentially is

What a family settlement means Family settlement precisely is an arrangement or agreement entered into by the members of a family for division of property. It aims at the settlement of actual or apprehended family disputes, by compromising on some doubtful or disputed rights by its members. It is done with an inte..

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Stages of a Civil Suit in a nutshell

Introduction Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII ..

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Second appeals: prerequisites and manner of consideration

Introduction Under Code of Civil Procedure, in a first appeal[1] arising from original decree, the appellate court is required to deal with all the issues and the evidence of the case, so as to either interfere with or confirm the original decree. It can also correct a wrong application of law. Thus, the first ..

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Designation of non-judicial institution to appoint arbitrator under Arbitration and Conciliation (Amendment) Bill, 2018: Concerns

 Introduction Under the Arbitration & Conciliation Act, 1996 (the “Principal Act”), the parties are free to appoint arbitrators.  In case of disagreement on an appointment, the parties can request, in case of international arbitration,..

Posted in articles |   201 Views

Will: Its legal aspects in a nutshell

Introduction Law relating to Will is a difficult and complicated branch of law. It is mainly because Will comes into effect only after the death of the person making it and it is many a time drafted by someone with little knowledge of law and command over the language. Both of these factors altogether make it neces..

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Notice for instituting suits against the government under the code of civil procedure, act v of 1908

Sections 79 to 82 and Order 27 of the Civil Procedure Code has duly laid down the procedure for institution of suits by or against the Government. These are procedural provisions whereas Section 80 provides for a substantive right. This substantive right is provided to the government or the public officers whom the suit is against. The right is for making amends to ..

Posted in articles |   2 comments |   204 Views

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