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civil law


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..

Posted in articles |   1 comments |   421 Views


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


A case to confine inquiry at the stage of appointing Arbitral Tribunal

Introduction The Arbitration & Conciliation Act, 1996 ('the Principal Act') was enacted as a part of economic reforms. It aimed at ensuring that arbitration proceedings are just, fair and effective; and to minimize the intervention of the courts. Unde..

Posted in articles |   107 Views


Consumer Protection Bill 2018 : An Opportunity Lost

Indian Parliament has been notorious for its regular disruptions where parties deliberately stall its functioning, this practice may have large political impact and media also covers its widely unfortunately the main purpose of the parliament i.e. passing of laws is lost in this process. The latest causality of this has been the Consumer Protection Bill, 2018 [1]..

Posted in articles |   425 Views


Framing of Issues in a Civil Suit

What the term issue means The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. It is the point on which a case itself is decided in favour of one side or the other, by the court. p style=..

Posted in articles |   7 comments |   3081 Views


Amendment in Specific Relief Act

Amendment in Specific Relief Act – A positive change for Infrastructure Companies Dealing with present laws is a challenge for infrastructure companies. The recent amendment in the Specific Relief Act will change the entire system. Our country passed through major development phases since last two decades..

Posted in articles |   524 Views


Costs and Interest

Chapter One: Introduction The concept of Interest has been discussed in Section 34 of the Code of Civil Procedure, which gives the court the discretion to grant interests on the principle sum in a money suit. The concept has multiple facets to it, like the duration for and the time at which the interest would..

Posted in articles |   228 Views


Transfer of Petition - An effective tool to meet the ends of Justice

This is the provision inserted in Code of Civil Procedure under section 25 reads as under- Power of Supreme Court to transfer suits, etc. (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be hea..

Posted in articles |   1 comments |   390 Views


Technical Rules of evidence: Extent of applicability to arbitration proceedings

Introduction Arbitration, an alternative dispute resolution mechanism is expected to afford faster and cheaper alternative dispute resolution mechanism. As a part of economic reforms that triggered in early 1990s, the Arbitration & Conciliation Act, 1996 (1996 Act) was enacted, to ensure that arbitrat..

Posted in articles |   1 comments |   335 Views


Amendment to the Specific Relief Act in 2018: whether retrospective?

Introduction The Specific Relief Act, 1963 (the Principal Act) was enacted to define and amend law relating to certain kinds of specific reliefs.  It contained provisions concerning inter-alia specific performance of contracts; contracts not specifically enforceable; the Parties ..

Posted in articles |   1620 Views


'Accord and satisfaction' as a mode of discharge of contract

Introduction Discharge of contract occurs in various ways. If both Parties to a Contract have performed their respective obligations agreed by them, the Contract is discharged by performance.  A Contract can also be discharged by mutual agreement between the Parties by novation, recession or alteration.&n..

Posted in articles |   476 Views


Section 91 (C.P.C.) - A weapon against public nuisance or other wrongful acts affecting public!

Section 91 of Code of Civil Procedure 1908, (C.P.C.), India - A Good weapon against public nuisance or other wrongful act affecting or likely to affect the public In the year 2001, the Lawyers of District Bar Association, Hisar went on indefinite strike and started not attending courts for indefinite perio..

Posted in articles |   5 comments |   1356 Views


How to File SLP in Supreme Court of India?

What is meant by a special leave petition? Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is not an appeal but a petition filed for an appeal. p style="text-align..

Posted in articles |   1 comments |   2079 Views


The contours of principle of 'business efficacy' in interpreting commercial contracts

Introduction Principle of 'business efficacy'  is well-recognized tool for interpreting a commercial contract inter se the parties. Documenting terms of a commercial contract may not always be perfect enough to capture and provide for all contingencies. During the performance of suc..

Posted in articles |   2 comments |   860 Views




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