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Civil Law Articles


Admissibility of An Unregistered Document In Evidence

  ambrish   18 April 2011 at 22:05

The question of admissibly of Unregistered document is matter of discussion always at legal faternity. I am trying to add some valuable inputs into this topic. ..


Posted in Civil Law  5 comments |   16670 Views


Ignorance of Law cannot be an Excuse at all - whether in Civil or Criminal matters

  R.Ramachandran   21 March 2011 at 20:07

The Article titled "IGNORANCE OFLAW MUST BE AN EXCUSE IN CIVIL MATTERS" by Mr. Narender Sharma, to say the least, stems out of utter ignorance - ignorance not of any law - but the ignorance about the very need for codified law for an orde ..


Posted in Civil Law  10 comments |   5293 Views


Which is / is not an Arbitration Agreement

  Narendra Sharma   04 March 2011 at 20:22

Introduction (a) Purpose of Arbitration Act : The purpose of Arbitration and Conciliation Act, 1996 (‘the Act’) is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dis ..


Posted in Civil Law |   6617 Views


Withdrawal of Withdrawal Application Permissible – SC

  Narendra Sharma   04 March 2011 at 20:21

Recently, hon’ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows. “2. ………….Rules ..


Posted in Civil Law  1 comments |   3692 Views


What, If A Point Was Argued, But Not Dealt With In The Judgment

  Narendra Sharma   27 February 2011 at 22:49

Hon’ble Supreme Court in Mohd.Akram Ansari Vs. Chief Election Officer & Ors. {2008 (2) SCC 95 : 2007 (12) SCR 901; Date of Decision : 04-Dec-2007} has observed that it is not ordinarily open to the party to file an appeal and seek to arg ..


Posted in Civil Law  12 comments |   3296 Views


Correcting an error committed by the draftsman in legislative drafting in CPC, 1908

  Narendra Sharma   23 February 2011 at 16:14

Honble Supreme Court in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. {(2010) 8 SCC 24; Decided on 26.07.2010} held as follows in para 13.5 and 16 respectively: 13.5) A classic example of corr ..


Posted in Civil Law  2 comments |   4019 Views


State Liability - A Cynical Reality

  mahendra khairnar   21 February 2011 at 16:28

PERSONAL DETAILS 1. NAME- MR. MAHENDRA SUBHASH KHAIRNAR 2. QUALIFICATION- B.COM. , LL.M. (NET), M.COM. (App.) 3. POSITION- Assistant Professor Bharati Vidyapeeths Yash ..


Posted in Civil Law  1 comments |   7925 Views


How to Draft A Valid Jurisdiction Ouster Clause

  Narendra Sharma   19 February 2011 at 14:54

Introduction : 1. Part I (Suits In General) of the Code of Civil Procedure, 1908 (the Code) provides for jurisdiction of the Courts and Res judicata. The term jurisdiction means the authority to en ..


Posted in Civil Law  1 comments |   5151 Views


Recourse Against Ex -Parte Arbitral Award

  Ganesh Chavan   31 January 2011 at 07:12

U/Sec.34 of the Arbitration and Conciliation Act ----An arbitral award may be set aside by the Court only if the party furnishes proof that:----- (a) a party was under some incapacity or (b) the arbitration agreement is not valid under the law to wh ..


Posted in Civil Law  1 comments |   7036 Views


Interlocutory Applications, in particular ABJ, Sec 47 and Execution Applications under Order 21 CPC

  Prakash Yedhula   11 November 2010 at 23:49

Interlocutory Applications, in particular ABJ, Section 47 CPC and Execution Applications under Order 21 CPC by Thiru. S. Parthasarathy, Senior Advocate, High Court, Madras Lecture delivered on 10th October 2010 at Tamil Nadu State Judicial Acade ..


Posted in Civil Law  1 comments |   9454 Views