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Civil Law Articles


Market value for acquired land

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 19:58

In CIVIL APPEAL NO.3332 OF 2001 T.S. Ramachandra Shetty v. Chairman, Karnataka Housing Board& Another[i], the appellant had purchased only an year ago, the that very piece of land for Rs.45,000/- and after an year, the State had given compensati ..


Posted in Civil Law |   2126 Views


Probate

  Uma parameswaran   16 June 2009 at 18:06

PROBATEAccording to section 2 of the Indian Succession Act 1925, probate means the copy of a WILL certified under the seal of the court of the competent jurisdiction with a grant of administration of the estate of the Testator. It is the declaration ..


Posted in Civil Law |   3365 Views


WILL

  Uma parameswaran   15 June 2009 at 22:38

WILLA WILL is a legal declaration of the intention of a person with respect to his property or an estate, which he desire to take effect after his death. It is document which can be revoked, modify or substituted by the Testator’s life time. It ..


Posted in Civil Law |   2882 Views


Approbate and Reprobate

  Swami Sadashiva Brahmendra Sar   15 June 2009 at 08:34

Approbate and Reprobate; Case Laws-Approbate and Reprobate; Approbate and Reprobate-Relevant case laws ..


Posted in Civil Law |   40764 Views


Rent control in U.P.

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 18:48

His lordship honorable Rakesh Tiwari, J in Civil Misc. Writ Petition on No. 69351 of 2006, Abdul Jalil v Special Judge EC Act and others, made elaborate discussion on the scheme, object and relevant provisions of Uttar Pradesh Urban Buildings (Regula ..


Posted in Civil Law  3 comments |   29097 Views


Principle of Hedley Byrne

  G. ARAVINTHAN   07 June 2009 at 22:43

The true width of the Hedley Byrne principle was obscured until recently by the facts and background to the case. A case of pure economic loss, it also involved careless advice. As such, liability had to be reconciled with the decision in Derry v. P ..


Posted in Civil Law |   11207 Views


Evidentiary value of certified copy of sale deed

  Swami Sadashiva Brahmendra Sar   31 May 2009 at 12:24

Acceptance of certified copy as evidence is not limited to production of certified copy of sale deed in evidence but also enables party producing it to rely on contents of document without examining vendor/vendee. Such certified copies are to be read ..


Posted in Civil Law |   6687 Views


Limitation Act – Art.58 v. Art. 113

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue accrues'. The dis ..


Posted in Civil Law |   6731 Views


Litigations/Tactics By Borrowers Must Be Precluded

  G. ARAVINTHAN   30 May 2009 at 22:41

It is pertinent to mention that the reluctance of borrower in payment of their debts to banks and other financial institutions has given rise to various economical problems. It is not only immensely damaging the development of public and private sec ..


Posted in Civil Law |   1839 Views


Interest under Land Acquisition Act

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

In order to decide the question whether the provisions of S. 34 of the Act regarding payment of interest would be applicable to a case where possession has been taken over prior to issuance of notification under S. 4(1) of the Act it is necessary to ..


Posted in Civil Law |   2004 Views