civil law

The Arbitration and Conciliation Act, 1996, superseded the previous acts related to Arbitration, more so the Arbitration Act of 1940. Under the Act of 1996, Sec. §85 repealed the Act of 1940 and provides that the provisions of that Act of 1940, shall apply to proceedings in relation to arbitral proceedings which commenced before the Act of 1996 came into f..

The Arbitration and Conciliation Act, 1996 introduced some basic and qualitative changes that are reflected as salient features as outlined hereunder- A Comprehensive Statute – meaning, th..

Transfer Petition in Supreme Court-How to defend? When wife files the transfer petition in Supreme Court usually husband is defenseless, although husband..

Meaning - Arbitration is a process by which a dispute between the parties is settled outside the court, by a third person. An Arbitrator is a person to decide the dispute outside the Court. He may  be appointed either by the parties or by the Court. There may be a sole Arbitrator or a panel of Arbitrators. Whethe..

The "Judicial and Statutory Word, Abbreviation and Phrase - Cf." as retrieved from https://en.wikipedia.org/wiki/Cf (accessed: December 23, 2016), is as given below - The abbreviation Cf. (short for Latin: confer meaning “compare”) is used in writing to refer the reader to other material to ma..

This Act was enacted to consolidate and amend the laws relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as so define the law relation to conciliation and for matters connected therewith or incidental thereto. The key takeaways from the new Act, was that expressions like ‘arbitrator’ and &lsqu..

Arbitration between parties in India was formerly between parties in India and was formerly governed by the Arbitration Act, 1940. Foreign awards intended to be enforced in India were governed by Foreign Awards Act, 1961, which was preceded by Arbitration (Protocol and Convention) ..

Laws of Bangladesh are derived from English Law. Like in India, Bangladesh has hierarchy of courts High Court being the highest court in a state and Supreme Court being the Apex Court of the Country. Further, like in India, all the statutes are enacted by the Parliament and courts’ interpretations and verdicts contributes..

Australia’s laws are derived from the English Common Law. After the merger of all Australian States into one Commonwealth, each state government has enacted legislations  applicable to the concerned state. Each state has a Supreme Court which is the highest court. High Court of Australia is the highest court of the c..

The IT firms today are playing on Big Data an they should prevent their data from data theft, from User information like E-mail Ids, passwords,credit card number or may be any other sensitive data in your system for personal use or may be for business plans are all sensitive data and unauthorized access by your employees can create business problems and may be loss ..

The High Court of Singapore has recently released a judgment confirming the court's inherent power to make sealing orders in support of arbitration related court proceedings. Ronnie King and Sinyee Ong discuss the implications of this development and the impact on parties arbitrating their disputes in Singapore. Introduction On..

One of the celebrated cases was the Judgment of Calcutta High Court titled as United Commercial Bank v. Hanuman Synthetics Ltd. & Ors. AIR 1985 Cal 96 wherein the principles of autonomous nature of Letter of credit independent from the underlying contract has been laid down in para 44 and 45: "44. The law is well-established th..

The Supreme Court in the case of ONGC LTD vs. SAW PIPES LTD has expanded the scope of Public Policy (used in section 34 of The Arbitration and Conciliation Act, 1996) and has explained when such awards moved before the court for execution of decree can be set aside: It can be stated that the concept of public policy connotes some m..

Decision of the SC in Raj Duggal vs. Ramesh Kumar Bansal, 1991 (1) SCC 191, where a question had been raised regarding leave to defend in a suit under Order XXXVII of the Code of Civil Procedure. While considering the said question, the Supreme  Court set out the principles to decide whether leave should be granted or denied in the following manner :- p..

  CASE: B.S. Aujla Company Pvt. Ltd. vs Kaluram Mahadeo Prosad And Ors. on 10 September, 1981 The Supreme Court observed that in the case of Tarapore and Co., Madras v. Tractoroexport, Moscow, reiterated there that it was held that the opening of a confirmed letter of cr..