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civil law


Flat Buyers (Consumers) can join hands and approach National Consumer Commission directly

"Society is guilty if anyone suffers unjustly": (Late) Justice V.R. Krishna Iyer: India's Super Judge. People's Judge. Judge for: Justice for the Masses. Justice VR Krishna Iyer envisaged: 'mass action appeals', in which a mass of common man can appeal against a common evil, in other words Class Action Suits!/..

Posted in articles |   1 comments |   589 Views


The conduct of the insurance company in disputing the claim on absolutely frivolous grounds cannot be overlooked by the HC

High Court: The conduct of the insurance company in disputing the claim on absolutely frivolous grounds cannot be overlooked by us. Definition of Accident: an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury. p style="text-alig..

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Court Directs Government Administration to pay Victim Citizen Rs 3 Lakh

Court Directs Government Administration to pay Victim Citizen Rs 3 Lakh “Law is the greatest human invention.   All the rest, give man mastery over his world.   Law gives him mastery over himself.  Lyndo..

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Consumers cannot be made to suffer due to any dispute between co-owners of the firm and owners of the Property

The Apex Consumer Commission: NCDRC (National Consumer Disputes Redressal Commission) decided that the consumers cannot be made to suffer due to any dispute between co-owners of the firm, and if there is a dispute of any kind between the owners of the property. The complainants cannot be made to suffer, if the..

Posted in articles |   2 comments |   344 Views


Uberrima Fides - Utmost Good Faith

Uberrima Fides Uberrima Fides means ‘the utmost good faith’. Both in England and in Scotland, certain contracts are such that the parties are obliged to observe the utmost good faith. Indeed, parties who are ..

Posted in articles |   8 comments |   880 Views


False affidavits in civil proceedings - Liable for contempt of court

Plaintiff submits an affidavit stating facts, in support of an application for the arrest or attachment of the property belonging to the Defendant. If the defendant proves that the plaintiff filed the false affidavit, the plaintiff may be punished under the Contempt of Court Act, 1971. Swearing to false facts in an affidavit is a Contempt of Court.  Further, the ..

Posted in articles |   3 comments |   3125 Views


Arbitral award creating rights in immovable - Require registration

Introduction: The present article and write-up is an attempt to describe one facet of the question - The intended audience for this article invariably would include - Lawyers, Jurists Acade..

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Arbitral awards - Whether stamping is required?

In Kottur Viswanadham v. Kottur Rajeswar, 1999 2 ALT 204 = 1999 2 ALD 301 = 1999 0 AIR(AP) 162 = 1999 1 APLJ 268 = 1999 2 CCC 167, it was held - “Arbitrator passing award in the dispute regarding partition of properties - Trial Court held that award is inadmissible evidence for want of Stamp Duty and..

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Death due to mosquito bite is an accident

>>> The National Consumer Disputes Redressal Commission held that death due to mosquito bite causing malaria is an accident. The ruling by apex consumer forum will benefit many in..

Posted in articles |   772 Views


Whether stamping of the agreement is required?

Reference may be made to Lifetime Really v. Poddar Udyog,  2012 5 RAJ 440 (All), in which M/s. SMS Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co. Pvt. Ltd., 2011 (7) SCALE 747, has been analyzed in detail in 11 and summed up in 12, in the light of  procedure to be adopted where the arbitration..

Posted in articles |   1 comments |   1243 Views


Is stamp act valid in the context of arbitral proceedings?

In Smt Kuldip Kaur v. Prakash Chandra, 1983 0 AIR(DEL) 328= 1983 23 DLT 131= 1983 4 DRJ 80= 1982 0 RLR 62= 1982 0 SUPREME(DEL) 285, the claimant died during the pendency of arbitration proceedings. An application was made pursuant to CPC O. 22 R. 3 et seq, by his ‘Legal Representatives’ to bring them..

Posted in articles |   3 comments |   205 Views


Arbitral awards - Legality, Interpretation, Appeal, Modification

According to §2 (1) (c) of the Arbitration and Conciliation Act, 1996, "arbitral award" includes an interim award; Explanation - Arbitral award means decision of an arbitrator, which is binding on parties to the dispute. The Privy Council in&n..

Posted in articles |   419 Views


Arbitration and conciliation act, 1996 versus prior enactments

The Arbitration and Conciliation Act, 1996, superseded the previous acts related to Arbitration, more so the Arbitration Act of 1940. Under the Act of 1996, Sec. §85 repealed the Act of 1940 and provides that the provisions of that Act of 1940, shall apply to proceedings in relation to arbitral proceedings which commenced before the Act of 1996 came into f..

Posted in articles |   524 Views


Salient features of the arbitration and conciliation act, 1996

The Arbitration and Conciliation Act, 1996 introduced some basic and qualitative changes that are reflected as salient features as outlined hereunder- A Comprehensive Statute – meaning, th..

Posted in articles |   3067 Views


Transfer Petition filed by the wife

Transfer Petition in Supreme Court-How to defend? When wife files the transfer petition in Supreme Court usually husband is defenseless, although husband..

Posted in articles |   475 Views




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