civil law

Mithakshara Coparcenary family, there is community of interest and unity of possession between all the members of the family, and upon the death of any one of them the others may well take by survivorship that in which they had during the deceased's lifetime a common interest and a common possession." But it is also true that no indiv..

Introduction:- Section 9 of 'The Arbitration and Conciliation Act, 1996' stipulates that a party may approach the Court for interim measures at any stage before or during the arbitral process. The Section, however, does not specify the territorial jurisdiction of the Court that is empowered to grant such in..

Section 12(b) of Hindu Adoption and Maintenance act 1956 “Property vested before adoption cannot be divested and he will take along with him to his adopted family”. Whether birth right of coparcenary interest is vesting or not? What consti..

As a lawyer, it becomes routine to come across the issue pertaining to a fact that a  suit is  'barred by law'.  An issue involved in this article is whether a suit for cancellation of any instrument is barred by law. Let me discuss it in detail. Normally, it is general practice of an advocate of defenda..

ACTUS CURIAE NEMINEM GRAVABIT. ACT OF THE COURT SHALL PREJUDICE NO ONE. In this article, the author delves into the issue of Alternative Relief versus Main Relief in a Suit For Specific Performance. QUESTION OF LAW: If the plaintiff has asked for alternat..

Introduction Presumption of certain facts: The legal proposition in context of the presumption of service by registered post can be found under Section 114 of the Indian Evidence Act. The provision envisages the law regarding the presumption of certai..

HIM, a technology equipment supplier from a foreign land and YOU, a technology equipment agent from India entered into an agreement. The arbitration clause of the agreement clearly mentioned that all disputes arising of the agreement will be governed by the Indian law but will be submitted to the foreign arbitration court. A dispute..

Introduction Presumption of certain facts: The legal proposition in context of presumption of service by registered post can be found under Section 114 of the Indian Evidence Act. The provision envisages the law regarding the presumption of certain fa..

What is a Transfer Petition? Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power can be and generally is exercised by the Supre..

Introduction A contract establishes a contractual obligation on the parties involved. It binds them either to do or not to do certain things. When there is a failure in performance of the obligation, either of the parties can sue the other. The most common, easiest and well established legal remedy for breach of a..

INTRODUCTION WHAT IS ARBITRATION? Arbitration is a flexible and consensual process for resolving business disputes in a binding and enforceable manner, wherein parties refer their dispute to a neutral third party (“the arbitrator”) for settlement wit..

If the parents are not only exposed to emotional neglect, feeling of rejection, social insecurity, but to physical and financial support also, throwing a major challenge to their very peaceful existence, then it is fundamental right of the parents to seek a life of dignity, peace and liberty at this stage and that it is necessary to enforce the provisions of law. ..

Under Section 25 of the Code of Civil Procedure the Hon'ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State./p..

These days NCDRC is entertaining petition under section 12(1)(c) (class action petition) of the consumer protection Act-1986, wherein joint petition can be filed on behalf of innocent consumers. Pre-Requisites All the buyers are affected by same cause. Same relief is sought by the buyers There are many number of buyers. Grievance related to same project No default on ..

Introduction Adverse possession is a peculiar kind of possession of land where a person not having legal title to the land enters and occupies the land for long period with no continuing permission of the legal owner and the true owner subsequently loses his ownership rights after a legally permissible period of hi..