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Civil Law Articles


Procedure for challenging an arbitrator

  G. ARAVINTHAN   29 May 2009 at 11:10

The parties are free to agree on a procedure for challenging an arbitrator: Section 13(1)Failing any agreement on a procedure for challenging the arbitrator, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aw ..


Posted in Civil Law |   1542 Views


Competence of arbitral tribunal to rule on its jurisdiction

  G. ARAVINTHAN   29 May 2009 at 11:10

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,----(a) an arbitration clause which forms part of a contract ..


Posted in Civil Law |   2371 Views


Lawyers’s Preparation For The Examination In Chief

  G. ARAVINTHAN   28 May 2009 at 15:50

(A) Planning Ahead: What is the Witness’ Role?1. The Theme of the Case.2. The Order of Witnesses3. What witness says(B) Preparing the Witness. 1. Prior Testimony.2. Current Testimony.3. The Use of Documents to Refresh Recollection.4. The Cross ..


Posted in Civil Law |   1737 Views


Art Of Preparing A Structure For Examination In Chief

  G. ARAVINTHAN   28 May 2009 at 15:50

1. Outline. The questions should be written in the lingo of the ear, not the eye. There needs to be a trial book maintained whose help needs to be taken. The entire process must look impressive and spontaneous to some extent. Maintaining eye contact ..


Posted in Civil Law |   3178 Views


Applicability of the Civil Procedure Code to Matters Before

  M. PIRAVI PERUMAL   28 May 2009 at 15:50

The Arbitration and Conciliation Act of 1996 is enacted by Parliament to fall in line with the “uncitral model law on international commercial arbitration”, adopted by the UN in 1985, which recommended that all countries give due conside ..


Posted in Civil Law |   2766 Views


Option between Ss. 163 – A and 166 of M.V. Act

  Swami Sadashiva Brahmendra Sar   28 May 2009 at 15:50

Section 163-A was inserted in the Act to provide for payment of compensation in motor accident cases in accordance with the Second Schedule providing for the structured formula which may be amended by the Central Govt. from time to time. S. 140 of th ..


Posted in Civil Law |   2861 Views


Will - Disinheritance of heirs of equal degree

  Swami Sadashiva Brahmendra Sar   27 May 2009 at 10:37

Although freedom to bequeathone's own property amongst Hindus is absolute both in extent and person, including rank stranger, yet to have testamentary capacity or a disposable mind what is required of propounder to establish is that the testator at t ..


Posted in Civil Law |   3018 Views


Applicability of limitation Act in Excise matters

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:24

Whether Limitation Act is applicable to special Acts, when its application is not expressly excluded, is the subject matter of discussion in this article. By judgment delivered in Commissioner of Customs, Central Excise, Noida v. Punjab Fibres Ltd. ..


Posted in Civil Law |   3554 Views


What is Land Acquisition ?

  G. ARAVINTHAN   22 May 2009 at 19:49

Land Acquisition can be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. This acquisition may be against the will of the owners but compensation is paid to ..


Posted in Civil Law |   2085 Views


MV Act- compentation for death of children

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:10

''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?'' The supreme court in Civil Appeal no 3608/2009, R.K.Malik and Anr v. Kiran Pal and Ors., decided on 15/5/2009, had occas ..


Posted in Civil Law |   2005 Views