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Civil Law Articles


Fixation of primary liability on insurer

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

A bench comprising of Hon’ble M Katju and Hon’ble AK Ganguli, JJ have has criticized the judicial trend of imposing the primary liability on the Insurance Co. to satisfy the award amount in motor accident claims with a liberty to recover ..


Posted in Civil Law  1 comments |   2473 Views


Jurisdiction of Consumer Forum if there is statutory remedy

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 7687 OF 2004 General Manager, Telecom v. M. Krishnan & Anr. Decided on 1st Sept, 2009, the supreme court while setting aside a Full Bench decision of Kerala High Court , has held jurisdiction of the con ..


Posted in Civil Law  1 comments |   2655 Views


Student not a consumer of Education Board

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 3911 of 2003 Bihar School Examination Board v. Suresh Prasad Sinha decided on 04/09/2009 the Supreme Court considered the question, whether a statutory School Examination Board comes within the purview of the Consumer P ..


Posted in Civil Law  1 comments |   4654 Views


PARTNERSHIP AND FAQ

  M. PIRAVI PERUMAL   03 September 2009 at 08:58

1. Should a partnership firm be registered?Not necessarily. However, unless a partnership firm is registered with the registrar of firms and societies, the rights of the partners inter se or against strangers cannot be enforced in a court of law. If ..


Posted in Civil Law |   2576 Views


Rights of nominee vis-à-vis legal heirs

  Swami Sadashiva Brahmendra Sar   23 August 2009 at 23:20

In Smt. Sarbati Devi & Another v. Smt. Usha Devi (1984) 1 SCC 424, the Supreme Court held that a mere nomination does not have the effect of conferring to the nominee any beneficial interest in the amount payable under the life insurance policy, ..


Posted in Civil Law  5 comments |   9012 Views


Land acquisition – Deduction towards development charges

  Swami Sadashiva Brahmendra Sar   21 August 2009 at 16:13

In K.S. Shivadevamma & Others v. Assistant Commissioner & Land Acquisition Officer & Another (1996) 2 SCC 62 it was observed that: the Supreme Court has laid as a general rule that for laying the roads and other amenities 33-1/3% is requi ..


Posted in Civil Law |   3788 Views


Impounding of passport - Impact of Hon'ble SC Judgement

  pervez   12 August 2009 at 15:05

Impounding of passport - Impact of the Judgment delivered by Hon’ble SC inSuresh Nanda Vs C.B.I. AIR 2008 SC 1414 ( Decided on 24/01/2008)I. Case Law on impounding of passport in Criminal Proceedings:Recently, the Hon’ble SC in the above ..


Posted in Civil Law |   5637 Views


Gift- A comparitive study

  G. ARAVINTHAN   31 July 2009 at 09:14

"GIFT’" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acc ..


Posted in Civil Law  1 comments |   3590 Views


CAVEAT - A GLANCE

  M. PIRAVI PERUMAL   24 July 2009 at 13:41

A Caveat is an entry made in the books of the offices of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court ..


Posted in Civil Law |   9231 Views


STOP PAYMENT CHEQUES

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

A stopped payment is usually requested if the cheque has been declared missing or lost. But many a times the drawer, to escape his debt or liability has used it as an instrument of deception. The 1988 amendment in Section 138 of Negotiable Instrume ..


Posted in Civil Law |   2970 Views