civil law

In a welfare state all the Government  Ministries, Departments, Agencies, Statutory Corporations and Public Sector Undertakings in the Centre and the States, Municipal Corporations and other local bodies  and even by private Public Sector Undertakings (hereinafter called government  agencies)  providing public services in very wide scale . Whi..

When you open the news paper it is frequent phenomena that some accidents news appeal due to unmanned level crossing. After sixty five years of independence happening of this type of accident in civilized society is uncalled for. This is one of the worst form of Human Rights violation.   p style="text-align: just..

When a person files a complaint/petition/application/appeal whatever it may be called in different judicial forum it contains opposite party against whom he is going to fight the lis. Now the question of notice come into play as one of the fundamental principle of  natural justice i.e. audi alterm pertam which means listen to the other side or let the other ..

In our country you may find tons and tons of LAW  which includes  center Promulgated Law, State Promulgated Law. To add to such LAW also we find plenty of rule, regulation, and executive instruction. India as common law country not only limited by these laws but also it is supported by precedent made by judges i.e higher batch to lower batch, superior j..

One of my friends enjoyed the LTC after taking approval from competent authority.  He moved along with his family and kids with so much excitement and reached the destination and started enjoying the panoramic view of the sites with all excitement and happiness. When they completed their two days journey suddenly he received the call from office that the LTC..

There has been lot of ambiguity regarding the law related to educational institution under the consumer protection, 1986, In the recent development  Hon'ble Supreme Court in "Maharshi Dayanand University v. Surjeet Kaur", 2010(2) CPC 696 S.C., relying upon all earlier judgments held that education is not a commodity. Educational institutio..

Lack of inter governmental agency coordination leading to avoidable and  wasteful expenditure of public resources – need for a Model Law   INTRODUCTION   p style="text-align: justify;"..

Affect of order of Charge of maintenance of wife   On the property of the husband The court has ordered and created charge over the land of the husband. The charge is shown in the ROR. p style="text-..

Procedural laws like Civil Procedure Code (CPC) are meant to aid and advance the furtherance of justice. In general, the procedural law is the handmaid of justice and it is not expected to create hindrance in the justice delivery system.   In view of this age-old wisdom, the cons..

Analysis on: BYE  LAWS of  a Coop. Society:   01. PREAMBLE:   a)  A Coop. Society, is by default an Autonomous Body, due to the fact that Society ..

In civil procedure, the jurisdiction of civil court is at the root of any suit. It is the primary criterion on the basis of which the civil court can adjudicate upon a dispute. Any decree given by a court which is lacking jurisdiction in a nullity and the same may be impeached at any stage.   p style="text-align:..

In the Civil Procedure Code, 1908 supplemental provisions in the aid of justice are provided. Order 38 Rule 5 contains the provision for attachment before judgment and asking the defendant for furnishing security. This is a provision purely discretionary and equitable. Like all equitable remedies, the court must take into consideration the attendant fact situatio..

Arbitration is the Alternate Dispute Resolution (ADR) mechanism, which gives the parties to settle their dispute, out of court, with the choice of designing their own forum, including selecting the law, that liberty is normally not available to any disputant, in anywhere in the world, except choosing their own advocates. But this act gives such unlimited freedom ..

  Appeal is not defined in the code, however as per the dictionary meaning it may be understood as “Judicial examination of the decision of inferior court by the higher court”. As per Mulla, “There is no definition of appeal in the Code of Civil Procedure, but their Lordship have no doubt that application by..

Prologue   Article 21 of the Constitution of India forbids State to deprive a person of his life and liberty except in accordance with a procedure established by law. To expand the word 'life', it includes every aspect of life which makes life meaningful, complete and living, and even cul..