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Articles by Hemang

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Estoppel

  Hemang   05 July 2012 at 13:05

Estoppel: (With illustrative cases) The Principle of estoppel is often described as rule of evidence, but more correctly it is a principle or law. This principle applies to the Government, public authorities as well to private individuals. Executi ..


Posted in Others |   2634 Views


Reasons in support of decisions making

  Hemang   21 June 2012 at 16:06

In England the position at common law is that there is no requirement that reasons should be given for its decision by the administrative authority1. There are, however, observations in some of the Judgments wherein the importance of reasons has bee ..


Posted in Others  2 comments |   1528 Views


Natural Justice

  Hemang   21 June 2012 at 13:28

Natural Justice - How termed? Audi alteram partem (According to Merriem Webster, audi alteram partem means hear the otherside. Latin maxim "audi alteram partem") is a second principle of natural justice. That means, "hear the oth ..


Posted in Constitutional Law  5 comments |   3810 Views


Statutory first charge of Government and position of the Bankers

  Hemang   20 June 2012 at 15:51

Taxing statutes provide to the effect that Notwithstanding anything contained in any contract to the contrary, but subject to any provision regarding first charge in any Central Act for the time being in force, any amount of tax, penalty, interest o ..


Posted in Others  2 comments |   2218 Views


Lawyer's assistance in domestic inquiries

  Hemang   19 June 2012 at 11:16

Representation by lawyer in a departmental inquiry: The question often arises as to whether the delinquent should be allowed to hire the services of the lawyer for the purpose of effective representation in a departmental inquiry. This would depen ..


Posted in Others  2 comments |   3843 Views


Co-parcener right to maintain suit for injunction

  Hemang   18 June 2012 at 13:55

GIST: Coparcener has no right to maintain a suit for permanent injunction restraining the Manager or Karta from alienating the coparcenary property and the coparcener has the right only to challenge the alienation of coparcenary property and recov ..


Posted in Family Law  1 comments |   11468 Views