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Civil Law Articles


Evidentiary Value Of E-Contracts

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

It’s an undisputed fact that E-Commerce has become a part of our daily life. One such justification for the popularization of E-Commerce would be immoderate technological advancement. E-Commerce, as the name suggests, is the practice of buying ..


Posted in Civil Law |   3985 Views


Strict liability of State and act of stranger

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

One of seven exceptions of rule of strict liability laid down in Rylands v. Flectcer (1868) LR 3 HL 330, is act of stranger i.e. if the escape was caused by the unforeseeable act of a stranger, the rule does not apply. But, in a case of electr ..


Posted in Civil Law |   5208 Views


FAQ ON PARTNERSHIP

  M. PIRAVI PERUMAL   16 July 2009 at 13:31

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 |   3345 Views


Time is the essence of contract

  R.R. KRISHNAA   11 July 2009 at 10:49

TIME IS NOT THE ESSENCE OF THE CONTRACT UNLESS SPECIFIED. Time is noted as the essence of the contract when the parties fulfill their duties within the specified time otherwise the agreement lapses or by virtue of its terms gets terminated which r ..


Posted in Civil Law |   10815 Views


Arbitration or Court

  R.R. KRISHNAA   10 July 2009 at 19:40

Quite a few documents reflect the presence of two different types of clauses in an agreement. The agrement may be of any kind. Take for instance an agreement to sell or agreement to rent out a property. One clause may read that "any dispute mu ..


Posted in Civil Law  1 comments |   1816 Views


An Open Stautory Notice to Union of India

  A. Patrawala Advocate   06 July 2009 at 19:09

: An Open Statutory Notice: ToThe Union of India through Ministry of law and justice, Government of India,Shastri Bhavan, New Delhi :110001. Sir, It shall be incumbent upon me to file the Writ Petition in the nature of mandamus seeking to promulgat ..


Posted in Civil Law  2 comments |   2038 Views


EXECUTOR -WILL

  Uma parameswaran   23 June 2009 at 16:06

Executor -WILL.A executor should be a person who should not be a minor or a person of unsound mind. Any number of persons including the beneficiaries may be appointed as executors. The appointment of more than one Executor is for alternation arrange ..


Posted in Civil Law |   3164 Views


Consumer Protection Act

  G. ARAVINTHAN   22 June 2009 at 14:17

Consumer Protection Act 1986 (Copra)The consumer protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations enacted for the ..


Posted in Civil Law |   3666 Views


NCDRC JUDGEMENT ON GAS CYLINDER EXPLOSION

  M. PIRAVI PERUMAL   18 June 2009 at 11:44

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (CIRCUIT BENCH AT PUNE, MAHARASHTRA) FIRST APPEAL NO. 196 OF 2006 (From the order dated 10.01.06 in Complaint No.217/1999 of the State Commission, Maharashtra) New India Assurance Co. Lt ..


Posted in Civil Law |   5765 Views


Second Appeal - Law prevails over Truth

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

In a decision[1] over s.100 of CPC, his lordship Hon. Dalveer Bhandari, J has referred 54th report of the Law Commission of India, submitted in 1973, wherein the Law Commission has said that it may be permissible to point out that a search for absolu ..


Posted in Civil Law |   4258 Views