civil law

Judgements V. Krishnakumar vs State Of Tamil Nadu & Ors. One thing is clear about the disease, and this was not contested by the learned counsel for the respondents, that the disease occurs in infants who are prematurely born and who have been administered oxygen and blood transfusion upon birth and further, that if detected early enough, it can b..

Today world consumer day is being celebrated with much fanfare. The theme this year is Digital Consumers and their protection. It must be appreciated that in this digitalised world the focus shift on protection of digital consumers from normal consumers is thought off. Do we really understand the difference between normal consumers..

The apex court made the provision that: Parents can deny family property to negligent children.  However, litigation is time consuming and stressful and costly. More so for the elderly and aged, in their sun set years. The executive and government is vested with powers that if applied can provide speedy and co..

"Society is guilty if anyone suffers unjustly": (Late) Justice V.R. Krishna Iyer: India's Super Judge. People's Judge. Judge for: Justice for the Masses. Justice VR Krishna Iyer envisaged: 'mass action appeals', in which a mass of common man can appeal against a common evil, in other words Class Action Suits!/..

High Court: The conduct of the insurance company in disputing the claim on absolutely frivolous grounds cannot be overlooked by us. Definition of Accident: an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury. p style="text-alig..

Court Directs Government Administration to pay Victim Citizen Rs 3 Lakh “Law is the greatest human invention.   All the rest, give man mastery over his world.   Law gives him mastery over himself.  Lyndo..

The Apex Consumer Commission: NCDRC (National Consumer Disputes Redressal Commission) decided that the consumers cannot be made to suffer due to any dispute between co-owners of the firm, and if there is a dispute of any kind between the owners of the property. The complainants cannot be made to suffer, if the..

Uberrima Fides Uberrima Fides means ‘the utmost good faith’. Both in England and in Scotland, certain contracts are such that the parties are obliged to observe the utmost good faith. Indeed, parties who are ..

Plaintiff submits an affidavit stating facts, in support of an application for the arrest or attachment of the property belonging to the Defendant. If the defendant proves that the plaintiff filed the false affidavit, the plaintiff may be punished under the Contempt of Court Act, 1971. Swearing to false facts in an affidavit is a Contempt of Court.  Further, the ..

Introduction: The present article and write-up is an attempt to describe one facet of the question - The intended audience for this article invariably would include - Lawyers, Jurists Acade..

In Kottur Viswanadham v. Kottur Rajeswar, 1999 2 ALT 204 = 1999 2 ALD 301 = 1999 0 AIR(AP) 162 = 1999 1 APLJ 268 = 1999 2 CCC 167, it was held - “Arbitrator passing award in the dispute regarding partition of properties - Trial Court held that award is inadmissible evidence for want of Stamp Duty and..

>>> The National Consumer Disputes Redressal Commission held that death due to mosquito bite causing malaria is an accident. The ruling by apex consumer forum will benefit many in..

Reference may be made to Lifetime Really v. Poddar Udyog,  2012 5 RAJ 440 (All), in which M/s. SMS Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co. Pvt. Ltd., 2011 (7) SCALE 747, has been analyzed in detail in 11 and summed up in 12, in the light of  procedure to be adopted where the arbitration..

In Smt Kuldip Kaur v. Prakash Chandra, 1983 0 AIR(DEL) 328= 1983 23 DLT 131= 1983 4 DRJ 80= 1982 0 RLR 62= 1982 0 SUPREME(DEL) 285, the claimant died during the pendency of arbitration proceedings. An application was made pursuant to CPC O. 22 R. 3 et seq, by his ‘Legal Representatives’ to bring them..

According to §2 (1) (c) of the Arbitration and Conciliation Act, 1996, "arbitral award" includes an interim award; Explanation - Arbitral award means decision of an arbitrator, which is binding on parties to the dispute. The Privy Council in&n..