civil law

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..

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of the wife and is mostly dismissing these kinds of petition and citing Krishna Veni Nagam vs Harish Nigam. In the aforesaid judgment, the supreme court relying on Para-17 and 18 as mentioned below. p style="text-align: justify;..

Adverse possession - Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner. (2017(2) Apex Court Judgments 634 (S.C.)  Dishonour of cheque - Managing Director or Joint Managing Director - In charge and responsible - Specific averment ..

What is Insolvency? Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency. Once a bank fi..