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Civil Law Articles


Arbitration and Conciliation (Amendment) Act 2015

  Raja Mani.K   05 January 2016 at 12:02

Arbitration and conciliation (amendment) Act 2015 The salient features of the amendment are High Court has power in International Commercial Arbitration. An Indian registered company cannot claim as non Indian party (international status) as its ma ..


Posted in Civil Law  5 comments |   3419 Views


Consumer courts and Co-operative Housing Societies

  Dr. MPS RAMANI Ph.D.[Tech.]    15 December 2015 at 13:19

Co-operative Housing Societies and the Consumer Protection Act, 1986There are several instances, particularly in Maharashtra, where District Consumer Forums, and even the State Commission. have entertained complaints from members of Co-operative Hous ..


Posted in Civil Law  36 comments |   8219 Views


Having a proper WILL, but still the way seems difficult

  Advocate Kappil Cchandna   08 December 2015 at 10:33

Where there is a WILL, there is a Way This Old saying is correct when we talk about it in terms of Willingness, but in terms of Legal World, the way these days seem to be little difficult as well as time consuming. Since WILL has become one of the mo ..


Posted in Civil Law  7 comments |   1548 Views


Suit under section 6 specific relief act-Preventing dispossession

  Nitish Banka   27 November 2015 at 10:49

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The ..


Posted in Civil Law  8 comments |   4596 Views


Where there is a trust there is a breach

  Advocate Kappil Cchandna   27 November 2015 at 10:23

Since, being the part of the legal profession, I take it as my responsibility to ensure that Justice should not only be done, but seem to have been done. In today�s world where most of the financial tra ..


Posted in Civil Law  3 comments |   1037 Views


Objection to the jurisdiction of civil court

  Anupam Lahiri   05 November 2015 at 15:31

Jurisdiction of civil court is a fundamental aspect of the justice delivery system. One civil court is empowered to entertain any suit of a civil nature unless its jurisdiction is either expressly or impliedly barred (Section 9 of the Civil Procedure ..


Posted in Civil Law  3 comments |   7323 Views


Limits of Sec 151 of CPC clarified by the Calcutta High Court

  Anupam Lahiri   31 October 2015 at 10:56

Section 151 of the Civil Procedure Code, 1908 (CPC) preserves the inherent power of civil courts in the matter of a civil suit. Often armed with this power the civil courts issue orders in the aid of justice. In case of conflict with some express pro ..


Posted in Civil Law  2 comments |   2855 Views


Amendment of law-Legal position of applicable law

  Anupam Lahiri   31 October 2015 at 10:56

In the continuation of a suit or legal proceedings, if the legal provision gets amended, the hotly debated issue remains as to which is the applicable law in respect of the proceedings.Recently, Hon�ble High Court at Calcutta in Smt Ashita Pras ..


Posted in Civil Law  2 comments |   943 Views


Arbitrability of a dispute explained

  Anupam Lahiri   29 October 2015 at 17:49

Arbitrability of a dispute is a concept which encompasses a lot of matters. Because arbitration is a process of adjudication of a dispute by means of privately constituted tribunal instead of civil courts, the eligibility of such a dispute to be arbi ..


Posted in Civil Law |   1055 Views


Desiderata of an arbitration agreement

  Anupam Lahiri   28 October 2015 at 11:59

Arbitration agreement is the starting point of initiating any arbitration. It is an agreement to submit to arbitration a present or a future dispute. In one case of UK Jurisdiction from the Technology and Construction Court (TCC) in the name of Turvi ..


Posted in Civil Law |   885 Views