civil law

Sections 79 to 82 and Order 27 of the Civil Procedure Code has duly laid down the procedure for institution of suits by or against the Government. These are procedural provisions whereas Section 80 provides for a substantive right. This substantive right is provided to the government or the public officers whom the suit is against. The right is for making amends to ..

Introduction The Arbitration & Conciliation Act, 1996 ('the Principal Act') was enacted as a part of economic reforms. It aimed at ensuring that arbitration proceedings are just, fair and effective; and to minimize the intervention of the courts. Unde..

Indian Parliament has been notorious for its regular disruptions where parties deliberately stall its functioning, this practice may have large political impact and media also covers its widely unfortunately the main purpose of the parliament i.e. passing of laws is lost in this process. The latest causality of this has been the Consumer Protection Bill, 2018 [1]..

What the term issue means The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement, argument or decision. It is the point on which a case itself is decided in favour of one side or the other, by the court. p style=..

Amendment in Specific Relief Act – A positive change for Infrastructure Companies Dealing with present laws is a challenge for infrastructure companies. The recent amendment in the Specific Relief Act will change the entire system. Our country passed through major development phases since last two decades..

Chapter One: Introduction The concept of Interest has been discussed in Section 34 of the Code of Civil Procedure, which gives the court the discretion to grant interests on the principle sum in a money suit. The concept has multiple facets to it, like the duration for and the time at which the interest would..

This is the provision inserted in Code of Civil Procedure under section 25 reads as under- Power of Supreme Court to transfer suits, etc. (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be hea..

Introduction Arbitration, an alternative dispute resolution mechanism is expected to afford faster and cheaper alternative dispute resolution mechanism. As a part of economic reforms that triggered in early 1990s, the Arbitration & Conciliation Act, 1996 (1996 Act) was enacted, to ensure that arbitrat..

Introduction The Specific Relief Act, 1963 (the Principal Act) was enacted to define and amend law relating to certain kinds of specific reliefs.  It contained provisions concerning inter-alia specific performance of contracts; contracts not specifically enforceable; the Parties ..

Introduction Discharge of contract occurs in various ways. If both Parties to a Contract have performed their respective obligations agreed by them, the Contract is discharged by performance.  A Contract can also be discharged by mutual agreement between the Parties by novation, recession or alteration.&n..

Section 91 of Code of Civil Procedure 1908, (C.P.C.), India - A Good weapon against public nuisance or other wrongful act affecting or likely to affect the public In the year 2001, the Lawyers of District Bar Association, Hisar went on indefinite strike and started not attending courts for indefinite perio..

What is meant by a special leave petition? Special leave petition (SLP) means that an individual takes special permission to be heard in appeal against any high court/tribunal verdict. Thus it is not an appeal but a petition filed for an appeal. p style="text-align..

Introduction Principle of 'business efficacy'  is well-recognized tool for interpreting a commercial contract inter se the parties. Documenting terms of a commercial contract may not always be perfect enough to capture and provide for all contingencies. During the performance of suc..

Introduction It is common for people to carry on their in business dealings with third parties though an agent. This could be on account of the vastness of the principal’s business or since the dealings may require significant skill or expertise, which the principal may lack. An agent is someone who acts..

Introduction The Holiday Law regime is an area of Law which was recognized and codified much later in time. Till as late as 1993, the package holiday cases were not supervised by any statute and the relationship between a client and package tour operators was solely guided by the principles of Common Law. A Dir..