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civil law


Transfer petition Supreme Court recent trend

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

Posted in articles |   1 comments |   473 Views


Procedural law should be construed liberally

This article deals with the liberal construction of procedural law by the Indian Courts. In law, time has been prescribed for doing a time in a prescribed period. There is Limitation Act,  which prescribes the time schedule for doing a particular act within a particular span of time. Whenever any Act is enacted by the Legislature, normally rules are also prescrib..

Posted in articles |   1130 Views


How to File a Consumer Court Case

As a consumer you have the right to file a consumer case if you do not receive your money's worth. The Consumer Protection Act defines a consumer as any person who buys goods or services. However..

Posted in articles |   3 comments |   875 Views


Transfer Petition - How to Defend

When wife files the transfer petition in Supreme Court usually husband is defenseless, although husband receives the summons from the Supreme Court if the transfer is from one state to another, here are some of the judgements which can help. In Gayatri Mohapatra v. Ashit Kumar Panda : (2003)11SCC731, the Supreme Court having f..

Posted in articles |   1 comments |   689 Views


High court of Delhi allows the communication of court order through mobile

Gone are the days, when service on the party used to be effected by way of publication in News Paper or by way of affixation in the concerned locality, where the party resides. With change in technology and with advent of internet era, e-mail, mobile, Facebook, Whatsapp etc, the mode of communication is changing fast. Now messages can be communicated to the party in..

Posted in articles |   7 comments |   604 Views


What is Ratio Decidendi - Binding precedent of a Judgement

Synopsis: The article talks about the meaning of Ratio Decidendi. The Paper with the help of case laws tries to explain how if two cases have similar sets of facts the decision taken in the earlier case becomes the binding precedent. Ratio Decidendi 1. The ..

Posted in articles |   7 comments |   1575 Views


Imposition of penalty in contempt petition

MPOSITION OF PENALTY OF RS. ONE LAC BY THE HON’BLE HIGH OF OF DELHI ON THE CONTEMNOR, IN A CONTEMPT PETITION TITLED AS M/S KAMDHENU LTD. VS SHRAVAN KUMAR SHARMA In a recent decision, the Hon’ble High Court of Delhi has imposed the penalty of Rs. One Lac on the contemnor in a contempt pe..

Posted in articles |   4 comments |   260 Views


Hindu Succession Act before & after 2005 Amendment: Brief analysis of judgments

Analysis of judgements on Hindu succession Act 1956 right from 1956 to 2016 i.e. Before 2005 amendment and after amendment. Hindu succession Act 1956 is enacted with an object of codifying Hindu law. Section 6 of Hindu Succession Act 1956 before 2005 amendment was as under. ..

Posted in articles |   44 comments |   13494 Views


Alternative Dispute Resolution(ADR) Mechanism

The Art of Negotiation:- Abstract: Negotiation is practiced for as long as two people have any dispute while a negotiator to bring their fight to an end. Mediation in international relations has not only been practiced frequently, but has emerged as an importan..

Posted in articles |   406 Views


Hindu daughters rights to seek partition in ancestral property

The daughters of a Hindu had only right to residence By an amendment to Hindu succession act by Andhra Pradesh in 1985, Tamil Nadu in 1989 and Karnataka in 1994 and Maharashtra in unmarried daughters are made coparceners irrespective their father died or alive. But the Central amendment wordings..

Posted in articles |   14 comments |   2280 Views


Independent Jurisdiction in Constitution is the problem!!

In India, Constitution is supreme law and all laws are subordinate to it. Naturally any law subordinate to the Constitution must pass the test of compliance of the provisions of the law superior to it as well as constitution. However we can see that everybody is claiming the infringement of fundamental rights whenever any law is made for regulation of any subjec..

Posted in articles |   5 comments |   246 Views


Now parents can evict abusive adult children from their house

All Indian Citizens are entitled to fundamental rights granted to them by the Indian Constitution and Senior Citizens are no exception. They are also entitled to fundamental rights to life and personal liberty. The peaceful living for the senior citizens in their property is the apparent objective of the Maintenance and Welfare of ..

Posted in articles |   2 comments |   2771 Views


How to prove medical negligence?

Judgements V. Krishnakumar vs State Of Tamil Nadu & Ors. One thing is clear about the disease, and this was not contested by the learned counsel for the respondents, that the disease occurs in infants who are prematurely born and who have been administered oxygen and blood transfusion upon birth and further, that if detected early enough, it can b..

Posted in articles |   1 comments |   452 Views


World consumer day - Who will address Digital Consumers' concern?

Today world consumer day is being celebrated with much fanfare. The theme this year is Digital Consumers and their protection. It must be appreciated that in this digitalised world the focus shift on protection of digital consumers from normal consumers is thought off. Do we really understand the difference between normal consumers..

Posted in articles |   11 comments |   2774 Views


Now Senior Citizens can evict negligent son or daughter from their home in 21 days time

The apex court made the provision that: Parents can deny family property to negligent children.  However, litigation is time consuming and stressful and costly. More so for the elderly and aged, in their sun set years. The executive and government is vested with powers that if applied can provide speedy and co..

Posted in articles |   7 comments |   2546 Views




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