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Lawyersclubindia Articles


A WOMAN as a KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The Karta of a Hindu joint Family in Hindu Law is the senior most member of the family entitled to manage family affairs, in his absence the next eldest male member after him is entitled to be the Karta. A Karta is the caretaker of the whole family a ..


Posted in Family Law |   4031 Views


Judicial View of Woman KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The possibility of female being the Karta in presence of senior male member is being ruled out. But the question is whether in the absence of the manager, whether by prolonged journeys abroad or by dying without leaving another manager to succeed hi ..


Posted in Constitutional Law |   1938 Views


Cruelty u/s 498-A, 306 IPC and s 13 of HMA

  Swami Sadashiva Brahmendra Sar   01 June 2009 at 11:27

The question would arise as to whether in the facts and circumstances where the complainant had left the matrimonial home and started living with her father in1993, could a case be registered against the appellant under Section 498A I.P.C. in 1997? T ..


Posted in Family Law |   9448 Views


Baggage Rules and Transfer of Residence

  M. PIRAVI PERUMAL   31 May 2009 at 12:24

The government announced the Baggage rules in 1998 given below for various categories Rule 1 : Passengers returning from countries other than Nepal, Bhutan, Myanmar or China An Indian resident or a foreigner residing in India, returning from any cou ..


Posted in Others |   1280 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 |   6695 Views


Conviction for offence for which charge was not framed

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Conviction for offence for which charge was not framed In view of S. 464, Cr.P.C. , it is possible for the appellate or revisional Court to convict an accused for an offence for which no charge was framed unless the Court is of the opinion that a fai ..


Posted in Criminal Law |   1359 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 |   6737 Views


Territorial jurisdiction of High Court

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Territorial jurisdiction of High Court 1. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20(c) of the Code of Civil Procedur ..


Posted in Constitutional Law |   2754 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 |   1845 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 |   2008 Views