Latest from Civil Law

Condonation of Delay in Indian Law: Balancing Procedural Rules and Substantiv...

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When a person's right is violated, he seeks a remedy for that right, which is based on the principle "UBI JUS IBI REMEDIUM." To pursue a remedy, one must visit the Court, and for that...

Street Vendors And Labour Rights: Analysing Legal Protections, Exploitation ...

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Street vendors play a significant role in the informal economy, offering essential goods and services to urban populations. Their work often sustains many individuals, especially migrants and t...

Res Sub Judice under Section 10 CPC: Ensuring Judicial Efficiency and Fairnes...

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Section 10 of the CPC ordains that no court will try any suit in which the matter directly and substantially is similar to a previously instituted case between exactly the same parties, provide...

Mining Regulation And Government Policy

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Government policy, mining regulation, and policy is one of the most influential aspects determining development sustainability as well as the socio-economic impact of the mining industry. The e...

Accrual of Miniscule cause of action and Jurisdiction

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The case of Sterling Agro Industries Ltd. v. Union of India & Ors. [(2011) 10 GSTR 20 : (2011) 43 VST 375 : 2011 SCC OnLine Del 3162], decided by a five-judge Larger Bench of the Delhi High...

Gurmeet Singh Sachdeva v/s Skyways Air Services Pvt. Ltd

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The case of Gurmeet Singh Sachdeva v. Skyways Air Services Pvt. Ltd. [CM(M) 147/2024, Delhi High Court] is a significant ruling by the Delhi High Court that addresses the scope of Order 7 Rule ...

A Review Petition Is Maintainable If No Appeal Has Been Filed At The Time Of ...

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This case is a significant decision by the Delhi High Court that addresses the interplay between the right to file a review petition and an appeal under Order 47 Rule 1 of the Code of Civil Pro...

The Doctrine Of Election Does Not Apply When Proceedings Differ In Ambit And...

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The doctrine of election is a fundamental principle in law that typically prevents a party from pursuing two inconsistent remedies for the same relief. However, its applicability becomes nuance...

Emmett Till: Murder, Injustice and the Spark of Civil Rights

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The sweltering summer of 1955 in Mississippi was thick with humidity and racial tension. It was a summer that would forever be marked by the horrific murder of Emmett Till, a 14-year-old Black ...

Inter-State Water Disputes and the limits of Legal Resolution: A Federal Crisis

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Inter-state water disputes in India represent a recurring challenge within its federal framework, often exacerbating tensions between riparian states. Despite the constitutional and legislative...

Necessity of Anti-Begging Laws in India: A Legal Perspective

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Scale and Economic Impact of Begging in India Begging remains a pervasive socio-economic challenge in India. As per the 2011 Census of India, approximately 4 lakh (400,000) individuals were offici...

Indane LPG Distributors v/s Indian Oil Corporation: Legal Implications of Tra...

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Factual Matrix: The petitioners, an association of distributors of Indane LPG cylinders in West Bengal, filed three similar writ petitions regarding the respondents' actions related to the E...

Improving India's Fire Services to Meet Global Standards

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The safety and security of citizens hinge on the effectiveness of fire services as a vital component of public safety infrastructure. While India's fire services have progressed, a noticeable g...

Industrial Dispute Resolution Under the Industrial Relations Code, 2020: Mech...

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Industrial Relations Code , 2020 Mechanisms For Resolving Industrial Dispute The Industrial Relations Code, 2020, lists a three main mechanisms for resolving industrial disputes: preventive for...

From Industrial Conflicts To Collective Solutions: The Role Of The Industrial...

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Indian labor laws have been experiencing sweeping changes to align the dynamics of industrial relations with the evolving times. The most important initiative in the recent past has been the In...

Can A Partnership Survive A Partner’s Death?

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Section 42(c) of the Indian Partnership Act, 1932 [2], states that a partnership dissolves upon a partner's death unless there's an agreement to the contrary. However, if a firm consists of onl...

How Can I Obtain a 2025 Indian Gun License?

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In India, it is lawful and strictly regulated to possess a firearm. Many persons are considering obtaining a firearms license for personal reasons as their concerns about personal safety and se...

Mechanisms for Resolving Industrial Disputes

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The year 2020 represented a pivotal change in India's labour regulation framework. Following extensive discussions and consultations with various stakeholders, Parliament enacted four significa...

The Silent Guardians: Unpacking the Power of Boilerplate Clauses in Contracts

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Let us delve into the significant function of boilerplate clauses, frequently underestimated sections within contractual agreements that meticulously govern the agreement's operation and the ra...

Comprehensive Study Of Temporary Injunctions And Interlocutory Orders Under O...

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The legal maxim, "Ubi Jus, Ibi Remedium", i.e. "Where There Is A Right, There Is A Remedy" is one of the most important source for derivation of various legal principles. Th...

Party Autonomy In The Private International Law Of Contracts: Transatlantic C...

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Rapid globalisation of the economy contributed to the tremendous cross-border commercial transactions and trade. However, with this influx, many challenges related to the realm of conflict of l...

Order XIII-A CPC: Understanding Summary Judgment In Commercial Suits

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Order XXXVII of The Code of Civil Procedure, 1908 has been used enormously by litigants for securing a Summary Judgment. As we hear the term "Summary Judgment" so often, lets emphasize on its m...

Understanding The Scope Of Rebuttal Evidence In Civil Trials Under CPC

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In civil litigation, clarity on the role and scope of rebuttal evidence is critical, especially when the case reaches the stage of recording evidence under the Code of Civil Procedure (CPC). A ...

Bridging the Gap: Addressing Deficiencies in India's Fire Services Relative t...

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The safety and security of citizens hinge on the effectiveness of fire services as a vital component of public safety infrastructure. While India's fire services have progressed, a noticeable g...

Women In Panchayats: Promises And Progress

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The launch of the 'Panchayat se Parliament 2.0' program by the Central Government has grabbed the public's attention. This program aims to equip 502 tribal elected women representatives with th...

Damnum Sine Injuria

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Damnum sine injuria (Loss or damage for which there is no legal remedy) Meaning: This is a Latin term that means "damage without wrongful act." This maxim is based on a general principle...

Law of Torts Fundamentals

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Overview: What is Tort? Law of Torts is a body of rights, duties, obligations, and remedies that are applied in civil proceedings aimed at providing relief to persons who suffer harm from the ...

Delays in re-filing should be assessed on different considerations than delay...

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The case of Dr. Narender Kumar Sharma & Ors vs. Maharana Pratap Educational Center revolved around the procedural aspect of filing and re-filing a written statement. The dispute arose when ...

Religion And Law: Parallels Between Kerala’s Dress Code Debate And Sabarimala

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From India's founding as a republic to the present day, religious customs have long been the subject of legal and social debates, in particular where those customs violate the constitutional pr...

Pre-Approval Travel System (PATS) and Crowd Control Management for Kumbh Mela...

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A Pre-Approval Travel System (PATS) serves as a crucial mechanism for the effective oversight of official and large-scale travel endeavours. By mandating pre-approval, it ensures adherence to o...

Understanding Garnishee Orders: Explanation and Real-World Examples

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A garnishee order stands as a powerful legal instrument employed in debt recovery, allowing a creditor to seize assets or funds owed to a debtor that are held by a third party. This court-issue...

What Is The Difference Between Personal Bond And Surety Bond In Criminal Cases

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Under the purview of criminal law personal bonds and surety bonds are very essential which works as a safeguard, providing a relief in respect of an accused person, through which he can be rele...

Validity Of Special Power Of Attorney

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A special Power of Attorney is a legal document which provides a validity to an agent or any related person or attorney in fact the authority to act on behalf of the principle in respect of any...

Validity Of Agreement Of Sale In Respect Of Filing A Suit For Specific Perfor...

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An Agreement of Sale has a significant importance in the legal and real estate areas. The foundation of a contractual relationship between the buyer and the seller, includes the terms and condi...

The Role Of Ancient Hindu Scriptures In Interpretation Of Modern Laws: A Comp...

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India's ethical foundations and legal ideas have been greatly influenced by ancient Hindu Scriptures like the Vedas, Smritis, Dharma Shastras, and Artha shastra. Together all this scriptures la...

Failure to File a Written Statement Within 120 Days Under the Commercial Cour...

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The case of Rohit Sharma Vs A.M Market Place Pvt Ltd. was adjudicated by the High Court of Delhi concerning issues related to service of summons, procedural compliance, and forfeiture of the ri...

Closing The Pandora's Box: Places Of Worship Act 1991

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On November 24, 2024, the city of Sambhal in northwestern Uttar Pradesh witnessed clashes between police personnel and protestors, leading to the death of at least five people and injuries to s...

SC Judgment on Bolam Principle And Medical Negligence: Analysis of Neeraj Sud...

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The Bolam Principle, which has its roots in the historic UK case Bolam v. Friern Hospital Management Committee (1957), has significantly influenced the development of medical negligence jurispr...

Lieutenant Governor v/s Government: Government Of NCT Delhi v/s Union Of Indi...

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The issue raised in this case is about the stature of the National Capital Territory and the Administrators of NCT Delhi analyses and has inputs about the distribution of functions and powers o...

Non-Filing Of A Replication Does Not Amount To Admission Of The Written State...

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The case of K. Laxmanan vs. Thekkayil Padmini & Ors., decided by the Supreme Court of India on 3rd December 2008, primarily dealt with issues concerning the proof of a Will and a Gift Deed ...

Res Gestae: A Critical Analysis Of Its Judicial Application And Expansion In ...

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The doctrine of Res-gestae forming an exception to hearsay plays a Vitol role in admissibility of evidence in the court. Rooted in the common law and codified under Section - 6 of the Indian ev...

Supreme Court: If An Appointment Advertisement Is Null & Void, The Entire Pro...

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In India, the public employment sector operates according to the values of fairness, openness, and objectivity. As an employer, the state is obligated to adhere to constitutional requirements a...

Essential Particulars Of A Plaint Under The Code Of Civil Procedure: A Compre...

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According to the Code of Civil Procedure (C.P.C.), a plaint is a crucial document that initiates a civil suit. It must contain specific essential particulars to ensure that the court has all th...

VIP Darshan: A Violation Of Articles 14 And 21

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India, a land of immense cultural heritage and spiritual richness, is home to over 1.4 billion people who take immense pride in their tradition and religious beliefs. India is a secular nation ...

Basics Of A Suit: Key Elements And Importance In Legal Cases

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A suit, also known as a "Daawa," is a formal legal action initiated by a plaintiff against a defendant in a court of law. It is instituted by the presentation of a plaint, which is a ...

The Evolving Landscape Of Disaster Management In India: Analyzing The 2005 Act

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Disaster management performs a significant role in governance with the aid of making sure preparedness, mitigation, and recovery in time of crisis. The Disaster Management Act, 2005 was enacted...

An Introduction To The Civil Procedure Code

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The Code of Civil Procedure, 1908, governs civil case management in India. The Code is divided into two parts. The First Schedule contains 51 orders and rules and 158 sections that form the fir...

Increase in valuation of Suit and Amendment of Plaint

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The case concerns a petition challenging the dismissal of an amendment application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC). The petitioners sought to amend the valuatio...

Condonation Of Delay In Filing The Replication

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This case pertains to procedural compliance under the Delhi High Court (Original Side) Rules, 2018. The primary issue revolves around whether the plaintiffs' replication, filed with a minor pro...

Challenges Undermining the Effectiveness of Ration Shops in India’s Public ...

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India's Public Distribution System relies heavily on Ration Shops, or Fair Price Shops (FPS), to supply essential, subsidized commodities to vulnerable populations. However, these crucial outle...

Analysis of Some Key Judgments on the RTI Act, 2005

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India's 2005 Right to Information Act is a vital law promoting government transparency and accountability by allowing citizens to request information. It has been instrumental in uncovering cor...

PhD thesis and right to information Act

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The case addresses the denial of access to a PhD thesis under the Right to Information Act, 2005 (RTI Act). The petitioner, Rajeev Kumar, sought a copy of the thesis titled "Studies on som...

Interpleader Suits: A Shield For Neutral Stakeholders And A Tool For Resolvin...

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In legal disputes, the prospect of several claims over the same subject matter frequently causes uncertainty and risks for the person holding the disputed property, money or debt. To resolve su...

Non Joinder Of Partnership Firm And Its Effect

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The plaintiffs purchased a two-storied building in Meerut Cantt through a registered sale deed in 2006. The disputed shop was let out to the partnership firm M/s Janta Finance & Trading Cor...

The Role of Clarity in Agreement Drafting: Best Practices

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In the intricate environment which forms the legal and business partnership of the contemporary world, agreement serves as the starting point of a mutually understandable contract. In every per...

Repudiatory Breach of Contract: An Analysis of Legal Principles and Judicial ...

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This article aims to highlight the purpose and consequence of breach of contract in general and repudiatory breach of contract in specific. This article also takes into account common law princ...

Comparative Analysis of The Position of Minor under the Law of Partnership in...

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In society, people enter into contracts knowingly or unknowingly at various levels in their lives. Not all people in society enter into contracts, while some individuals fall under the categori...

The Principle of Approbation and Reprobation: Quod Approbo Non Reprobo

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The legal doctrine of approbation and reprobation prevents a party from simultaneously accepting and rejecting the same legal instrument or transaction. This principle, grounded in the broader ...

Exploring the Key Differences Between Replication and Rejoinder in Legal Plea...

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In the Indian Civil Procedure Code (CPC), "Replication" and "Rejoinder" are terms associated with the back-and-forth exchange of pleadings in a civil suit. While they share ...

Liability of an Undisclosed Agent Under Section 231 of the Indian Contract Ac...

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Section 231 of the Indian Contract Act, 1872, governs the legal relationship between an agent, a principal, and a third party in situations where the agent enters into a contract without disclo...

The Zamindari Abolition Act and its Evolution in Uttar Pradesh: A Scholarly A...

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The abolition of the Zamindari system in Uttar Pradesh marked a significant socio-economic and political transformation in post-independence India. Introduced through the Uttar Pradesh Zamindar...

Digital Boundaries And Jurisdictional Maps: Unraveling Section 20(C) In Onlin...

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The internet is often referred to as a "borderless world" with no defined territorial limits. This borderless nature presents unique challenges when it comes to enforcing laws, especi...

Schiller v/s Sooltan Chand: A Landmark Case on Breach of Contract and Anticip...

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Schiller And Ors. V. Sooltan Chand And Ors. Facts Of The Case The appeal stems from a ruling rendered in the Original Jurisdiction of the High Court by Mr. Justice Pontifix, wherein...

Click-Wrap Contract And Shrink Wrap Contract

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Contract is consist of two things that it should fulfil the conditions of agreement [S. 2(E)] and should be enforceable by law [S. 10]. In today's world the Technology has had a huge impact on ...

Service of Summons in Legal Proceedings

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Service of Summons: When the plaintiff files a suit, the defendant has to be informed that a suit has been filed against him, and that he is required to appear in the court to defend it. The inti...

Contract Formation in Instantaneous Communications: Analyzing Bhagwandas Gove...

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This article elucidates the seminal judgment of the Hon'ble Supreme Court of India in Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. [(1966) AIR SC 543], a pivotal case de...

Testamentary Succession: Legal Rights and Testamentary Laws in India: Key Cas...

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Prior to the enactment of the Hindu Succession Act, a coparcener was not entitled to either gift or will his interest in the coparcenary property. This ban or embargo has been removed concernin...

Corruption in India: causes, consequences and remedies

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Corruption as defined by the World Bank refers to the abuse of public office for private gain and covers a wide range of behaviour, from bribery to theft of public funds. It not only harms the ...

Contribution of Public Interest Litigation and Protection of Rights

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Public interest Litigation (PIL) means litigation filed in a court of law to protect the "Public Interest". Any matter where the interest of the public at large is affected can be redressed by ...

Rebutting Conclusive Proof Under The Bharatiya Sakshya Adhiniyam, 2023 In The...

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The Bharatiya Sakshya Adhiniyam, 2023 or "BSA, 2023" (previously the Indian Evidence Act, 1872 or "IEA, 1872") preserves the doctrine of conclusive presumptions, such as those related to the le...

Special Provision Respecting Dwelling-Houses

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Widow having share in the property and right of residence, ousted by other co-sharers is entitled to an injunction in a suit brought by her - Section 23 of the Hindu Succession Act , bestows a ...

The Government's Stance: A Healthy Contract?

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During the COVID-19 pandemic the Government of India was forced to consider a contract of indemnity for international manufacturers like Moderna & Pfizer. This consideration resulted from a...

The Changing Landscape Of Contracts Post COVID

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The COVID-19 pandemic, one of the most profound global crises in recent history, has significantly impacted the legal landscape, particularly in the realm of contract law. As businesses, govern...

Breach Of Contracts: Violation Of The Contractual Obligations

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In the realm of contract law, a breach is any violation of the contractual obligations stated in the terms and conditions of the legally binding contract. A breach might range from late payment...

Impact of the Uniform Civil Code on Indian Society

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The Uniform Civil Code (UCC) has been a subject of intense debate in India for decades. Enshrined as a Directive Principle of State Policy under Article 44 of the Indian Constitution, the UCC s...

Dismissal Of A Claim On Lack Of Locus Standi Due To A Bar Invoked By Law: Cri...

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The Indian Courts are notoriously infamous for a ginormous backlog in its judicial system. So much so that many who are aggrieved don't seek litigation as a source of remedy because of ineffici...

Principles of Hindu Law: Reasonable Limits on Gifts of Ancestral Property by ...

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Principles of Hindu LawA Hindu father or another managing member has the power to make a gift, within reasonable limits, of ancestral immovable property for pious purposes. However, such aliena...

How The Civil Procedure Code Is Being Modernised By Recent Technology Reforms

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In this article we talk about the impact of technology in the Indian legal system as we are moving towards modernization of India's Civil Procedure Code. As we know, CPC was enacted in the year...

On Section 10 Of CPC And Doctrine Of Res Sub Judice With Reference To Indian ...

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The Civil Procedural Code, 1980 was initially with a view to have a fixed civil procedure in all the courts. The code also has doctrines, not only provisions and rules. Which are to be applicab...

Comprehensive Guide to Legal Decrees: Understanding Orders, Custody, and Main...

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Chapter X - Finding And Decree Details of Decree and Extract from the Decree The decree includes, if necessary, orders for custody, damages, and costs. Where the petition includes a request for...

The Role of Decree in Hindu Law: Marriage Dissolution and Nullity Suits Expla...

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Section II. - Decrees. Decree Nisi in Suits for Dissolution or Nullity If a finding is arrived at, the Judge may dismiss the petition or pronounce a substantive decree if the case of the peti...

I Want To Go For A Court Case To Get My Ancestral Property: What Is The Proce...

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Pursuing a court case to claim ancestral property in India involves several steps and understanding the legal framework surrounding inheritance and property rights. Below is a general outline o...

How Vesting of Estate Works in Wills: Indian Succession Act,1925

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(1880) 5 AC 714 HL. 14. Postponement of Vesting. In Sisir v. Ajit AIR 1938 Cal 466:42, it was held that upon the death of the testator, the estate vested in the son, and the vesting was not po...

How Res Judicata Applies to Jurisdictional Matters: Insights from Mathura Pra...

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Mathura Prasad Bajoo Jaiswal v/s Dossibai N.B. Jeejeebhoy Facts Of The Case: Section 11 of the Civil Procedure Code, 1908 defines res judicata. A matter adjudged" is the combined meaning o...

The Procedure For An Ex Parte Decree: Explaining The Code Of Civil Procedure

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Generally, Courts attempt to understand the stance of both parties before announcing decisions. The maxim, 'Audi Alteram Partem', meaning "listen to both sides" encompasses this duty of the cou...

Understanding Deemed Decrees Under the Code of Civil Procedure: Legal Insight...

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Deemed Decrees Under The Code Of Civil ProcedureThere are several kinds of decrees under the Code of Civil Procedure (hereinafter referred to as CPC). As per Section 2(2) of CPC, a decree is the ...

Section 9: The Gateway to Civil Jurisdiction in Indian Courts

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Section 9 of the Code of Civil Procedure, 1908 (CPC), is often termed the "gateway" to civil litigation in India. It establishes the foundational jurisdiction of civil courts, mandati...

The Doctrine of Finality: Exploring Res Judicata in Gurbux Singh v. Bhooralal

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The principle that bars the institution of another action for the same cause of action is part of the doctrine of res judicata and is provided under Order II Rule 2 of the CPC[1]. This rule req...

Interim Orders in the Indian Judicial System: A Comprehensive Overview

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The concept of "interim" signifies something temporary or provisional-a measure that doesn't conclusively resolve a matter but addresses immediate needs that may arise during the course of lega...

A Complete Step-By-Step Procedure For Filing A Case Under The CPC

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The Civil Procedure Code (CPC) of 1908 lays down the rules governing civil litigation in India. For a civil case to be initiated, a systematic procedure must be followed to ensure compliance wi...

Can Dead Sue: Legal Implications of Filing a Petition in the Name of a Deceas...

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At times some basic question of law arises in a legal proceeding, which makes everyone involved take note of it and think. The answer to such questions looks very obvious but on a deeper analys...

Understanding Order II Rule 2 of the CPC, 1908: Analysis through Uniworld Log...

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Order II Rule 2 of the Civil Procedure Code, 1908, is a significant provision governing the joinder of causes of action in civil suits. It mandates plaintiffs to include all claims arising from...

Indian Succession Act, 1925: Key Legal Principles and Case Law

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Applicability: This section, Section 57, Schedule III, applies to the wills of Hindus. Scope: The effect and scope of this section is that when a bequest is immediate but payment is postpone...

The Judicial Hierarchy in India: An Overview

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The Indian judiciary operates under a well-defined hierarchy that ensures an organized and efficient system of law enforcement and justice. This hierarchy is structured in a manner that allows ...

Determination Of Partnership: Key Elements and Legal Framework Under the Indi...

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We know that when one or more person want to start a business , eighter he starts his business separately at his own individual capacity or he he carry on his business with other person. When a...

Essential Elements of a Valid Contract Under the Indian Contract Act, 1872: I...

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The Indian Contract Act, 1872, lays down the foundational principles governing contracts in India. A valid contract is a legally enforceable agreement between two or more parties. The essent...

The Doctrine of laches

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The doctrine of laches is based on the Latin maxim "Vigilantibus Et Non Dormientibus Jura Subveniunt" which means that the law assists only those who are vigilant, and not those who sleep over ...

How To Seek Early Disposal Of Case From The High Court?

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"Tareekh Pe Tareekh…..Tareekh Pe Tareekh" is the ultimate depiction by bollywood when it comes to the Indian Legal System. While the idea is to uphold justice for one and all, it is also true...

Voidable Contracts under the Indian Contract Act, 1872: Key Conditions and Di...

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Under the Indian Contract Act, 1872, a contract can be declared voidable under specific conditions where the free consent of one of the parties is compromised, or other certain situations make ...

Understanding Undue Influence in Indian Contract Law: Impact on Validity, Key...

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The concept of "undue influence" as per the Indian Contract Act, 1872, is an essential part of contract law that helps to ensure fairness and voluntariness in contractual dealings. Un...

Understanding The Importance Of FSSAI Certificate Download For Food Startups

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For food startups in India, acquiring and downloading the FSSAI certificate download is an essential step closer to building a compliant and credible enterprise. The Food Safety and Standards A...

How To Get Stay Order On Rented Property?

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As an owner of property, renting the same involves risk of unpaid rents, damage to property, never-leaving tenants, etc. As a person/family, renting a property involves another set of risks, li...

Limitation Period for Civil Suit against Agreement to Sell

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When it comes to legal remedies, you do not have a lifetime to enforce them. The Limitation Act, 1963 provides a period of limitation applicable for various claims. Once you miss out on the sam...

Sale of Joint Hindu Family Property

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The Recitals of Legal Necessity in the Sale Deed and Its Effect: Legal necessity to support a sale must be established by the transferee. The onus of proving legal necessity may be discharged by...

Understanding Joint Wills and Mutual Wills: Legal Principles, Doctrines, and ...

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Section 62 - Joint Wills Persons may create joint wills, which, however, are revocable at any time by either of them or by the survivor. A joint will is regarded as the will of each testator ...

Order 22 of the Code of Civil Procedure: An In-depth Analysis of Death, Marri...

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Order 22 of the Code of Civil Procedure, 1908 (CPC), is pivotal in addressing the implications of the death, marriage, and insolvency of parties in civil litigation in India. This article provi...

Persons Capable Of Giving Adoption: The Role of Guardians and Religious Consi...

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Competence of Giving Adoption: This section confers the competence to give a child in adoption only to certain persons, namely the father, the mother, and the guardian of the child to be given...

Maintenance Laws in India: An In-Depth Look at Section 125 of the CrPC

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In a proceeding under Section 125 of the Criminal Procedure Code (CrPC), the court does not determine the status of the parties, nor does it issue any findings that have the value of res judica...

Understanding Legal Rights: Property of a Female Hindu

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The entire coparcenary property could not be given in maintenance to the widow. In the absence of any pleadings indicating that Balwant Rao Shinde had given the properties to Chhabu Bai as m...

Indian Succession Act

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6. Civil suit by legattee. Whether maintainable against Administrator The scope and ambit of sec. 141 fell for consideration on the factual matrix of Himanshu v Sudhansu 2004(1) CHN 626. The...

Issuing Summons to Parties in a Civil Suit

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The most basic and the initial step of a Civil Proceeding is the provision of Issuing summons to the Parties in a suit. The Code of Civil Procedure prescribes rules under Order 5 read with Sect...

Bidders' Rights Limited To Offer Terms: A Critical Examination Of R.K. Indust...

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The Indian insolvency framework, codified under the Insolvency and Bankruptcy Code (IBC), 2016, aims to consolidate and amend the laws relating to reorganization and insolvency resolution of co...

Indian Succession Act, 1925: Key Principles, Case Laws, and Applications

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This section is comparable to Section 27 of the Transfer of Property Act, which embodies the principle of acceleration. Ordinarily speaking, acceleration means that the time for vesting in poss...

Comprehensive Guide to Key Legal Principles and Landmark Case Laws: Gift to H...

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Indian Succession Act, 1925Section 95:The Privy Council observed as far back as in the case of Md. Samsul Huda vs Suratram (1874) 2 IA 4 p.14 that, in construing the will of a Hindu, it is not ...

Understanding Section 109 of the Succession Act: When a Legacy Does Not Lapse...

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Succession Act:When legacy does not lapse: When legatee himself is the lineal descendant of the testator, and predeceases the testator, leaving a lineal descendant who survives the testator, le...

Understanding Stamp Paper in India: Types, Legality and Key Considerations

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In India, stamps and stamp papers are essential legal instruments that validate certain documents and transactions, ensuring they are recognized by the law. The payment of stamp duty on these d...

Documents as original: The Importance of Certified Copies in Legal Evidence a...

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When the original is a document for which a certified copy is permitted by law to be given in evidence, a certified copy is the only admissible evidence. The phrase "to be given in evidenc...

Shamsher Singh v/s Rajinder Prashad: Understanding Sons' Liability for Father...

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The case of Shamsher Singh vs. Rajinder Prashad & Ors. Presents significant legal questions concerning the liability of sons for the debts of their father under Hindu law, the adjudication ...

General Offers under the Indian Contract Act, 1872: A Comprehensive Legal Ana...

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The concept of general offers holds a significant place in the realm of contract law, particularly under the provisions of the Indian Contract Act, 1872. A general offer is an open invitation t...

The Doctrine of Condonation of Delay: An In-Depth Legal Analysis

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Condonation of delay is a vital legal mechanism that permits courts to excuse procedural delays in filing appeals or applications when "sufficient cause" is shown, enabling access to justice ev...

Constituents of Res Gestae

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The res festae be defined as those circumstances which are the automatic and undesigned incidents of a particular litigated act and which are admissible when illustrative of such act. These inciden...

Tata Sons v/s Cyrus Mistry: Landmark Case on Corporate Governance, Board Powe...

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The Tata Sons v. Cyrus Mistry case is a significant milestone in Indian corporate law, particularly with respect to the powers of the board of directors and minority shareholder rights under th...

Witness Cross Examination

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Witness Whether Must be Cross-examinedUnder the Act, cross-examination of a witness is not essential. The coun is not precluded from assessing the veracity of a witness in the absence of any cros...

Supreme Court's Landmark Ruling: Kuldeep Kumar vs. U.T. Chandigarh on Elector...

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Kuldeep Kumar vs. U.T. Chandigarh & Ors. (2024) Provisions Involved: Article 142 of the Indian Constitution: This provision grants the Supreme Court the power to iss...

A Comprehensive Guide to Written Statements Under CPC, 1908: Key Provisions, ...

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The term written statement specifically describes a reply to the plaint filed by the defendant, and the written statement has no statutory definition. But the written statement must comply with...

Meaning of Precepts

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Section 46 governs only the attachment in the execution of a decree and does not come into play in the context of Order 38 Rule 5 or Order 21 Rule 46 [Chimandas v. Mahadevappa Firm, A 1961 AP 4...

Development Of Legal Structure Of Whistleblowing And Comparative Study Of Whi...

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India over the past few years has observed one sector that has undergone quite a many changes and that is definitely corporate sector. Although a major portion of these changes has been propiti...

Punjab Government Requests Supreme Court for Early Hearing of Suit Against Un...

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The State of Punjab's ongoing legal battle with the Union Government concerning the substantial Rural Development Fund (RDF) dues underscores critical issues of fiscal federalism and statutory ...

Inconsistent gifts

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Inconsistent GiftsBefore applying the provisions of this section, the court must make every effort to reconcile the apparent gifts. Only if this attempt fails, and it is not possible to give ef...

Procedure of Summons under CPC and How it is Different from Criminal Summons

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Summons serve as a legal instrument used by courts to notify individuals of proceedings requiring their presence or response. In India, summons are issued under both civil and criminal law fram...

Law of Marriage and Divorce

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In Chand Dhawan v. Jawaharlal Dhawan, concerning permanent maintenance and alimony, Punchhi, J., posed the question: "Is the payment of alimony admissible without the relationship between ...

International Contract Negotiation and Enforcement

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This article explores the critical role of international contracts in facilitating global trade by establishing clear legal agreements between parties from different countries. It examines vari...

Maintainability of Appeal in Commercial Dispute against Order Rejecting Appli...

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Background of the Case: The case before the High Court of Delhi revolved around an appeal filed by Container Corporation of India Limited (the "Appellant") against an order dated November 16, ...

Understanding Partition of Property Under Indian Succession Law: Key Legal Pr...

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Partition of Dwelling Houses: A will, like any other document, is to be proved in terms of the provisions of Section 68 of the Indian Succession Act and the Evidence Act. The propounder of the...

The Doctrine of Frustration of Contract: An Exegesis on Section 56 of the Ind...

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The doctrine of frustration, encapsulated in Section 56 of the Indian Contract Act, 1872, is a cornerstone in the jurisprudence of contract law. It provides a mechanism for the discharge of con...

Promissory Estoppel in Indian Law: Comprehensive Analysis, Evolution, and Key...

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The doctrine of promissory estoppel, a principle rooted in equity and fairness, serves as an essential bulwark against inequitable conduct, particularly when one party has acted upon the promis...

The Process of Trial of Civil Suits in India: A Detailed Examination

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The Indian civil judicial system, known for its exhaustive procedures and comprehensive legal framework, stands as a testament to the principles of natural justice. The process of trial in civi...

Character Evidence in Civil Cases: Clarifying Section 46 of the Bharatiya Sak...

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The term 'character' encompasses both a person's reputation and their behavior. Nevertheless, one can only provide evidence of an individual's overall reputation and general behavior, rather th...

Is Breach of Contract Punishable Under the Indian Penal Code (IPC)( the Bhara...

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In the realm of jurisprudence, the question of whether a breach of contract is punishable under the Indian Penal Code (IPC) or its contemporary counterpart, the Bharatiya Nyaya Sanhita, 2023, p...

Oral Transfer Section 9 Of Transfer Of Property Act 1882

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Oral TransferThe Transfer of Property Act comprises and states about the provisions related to the property as well as under which circumstances and terms transfer of the property can be done, ...

The Evolution and Intricacies of the Indian Legal System: A Jurisprudential P...

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The Indian legal system, a complex tapestry woven with threads of ancient customs, colonial imprints, and contemporary legislation, stands as a unique entity in the global legal arena. Rooted i...

Major Legal Systems of the World: A Comprehensive Jurisprudential Analysis

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The global legal landscape is marked by a myriad of legal systems, each characterized by its unique doctrines, statutes, and jurisprudential principles. This article delineates the major legal ...

Public Grievance And Redressal Mechanisms

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Public GrievanceIn essence, a grievance is a formal complaint or statement of dissatisfaction. It usually occurs when a person or group believes they have been mistreated, unjustly, or unequall...

The Gig Economy: A Transformation in Work Dynamics in the 21st Century

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The gig economy has swiftly become a prominent aspect of today's labour market, reshaping how individuals work and how businesses function. Defined by short-term contracts, freelancing, and ada...

Understanding the Legal Implications of Returning a Plaint: Analysis of Chand...

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Facts of the Case: The case involves a legal dispute between Chandra Prem Shah (the appellant) and K. Raheja Universal Pvt. Ltd. Along with other respondents, concerning the return of a plaint...

Attachment Before Judgment: A Balanced Legal Framework for Safeguarding Plain...

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Attachment before Judgment is an extraordinary legal remedy under Order XXXVIII, Rules 5-13, and section 60 – 64 of the Code of Civil Procedure (CPC), aimed at preventing defendants from disp...

Indigenous Knowledge, Culture and Media in North East India

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The Northeast region of India is a land of diverse cultures, breathtaking landscapes and vibrant communities. Nestled between the mighty Himalayas and the plains of the Indian subcontinent this...

Maintainability Of Suit With Reference To Res Judicata And Res Sub Judice

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In the world of ever evolving litigation the doctrine of Res judicata and Sub judice save the court's time and resources in preventing hearing of the repeated disputes. However, the suit's abil...

Overview of the Places of Worship (Special Provisions) Act, 1991

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The Places of Worship (Special Provisions) Act, 1991, is a notable legislative measure in India aimed at preserving communal harmony by addressing delicate matters related to the status of reli...

Impotentia Excusat Legem

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The Latin legal maxim "Impotentia excusat legem" translates to "inability excuses from the law." This principle asserts that individuals cannot be held liable for not fulfil...

The Doctrine of Force Majeure in Contracts

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The doctrine of force majeure is a legal principle that allows parties to a contract to be excused from fulfilling their obligations when an extraordinary event or circumstance beyond their con...

Lex Non Cogit Ad Impossibilia

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"Lex non cogit ad impossibilia" is a Latin legal principle that means "the law does not compel the impossible." This concept is fundamental in legal systems globally, acting...

Wagering Contract: How to Protect Your Rights

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When a promissory note is expected for payment of a debt arising out of a wagering contract or transaction, it is affected by Section 30 of the Indian Contract Act and cannot be enforced. Howev...

Void Agreements Under Indian Contract Act In Relevance Of Impact On Corporate

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The Void agreements within the purview of the contract are the agreement that is not valid and lacks enforceability, and legal validity from the beginning as these agreements are considered to ...

The Evolution Of Corporate Social Responsibility: From Philanthropy To Strate...

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Since its inception, when it was merely charitable deeds, the concept of corporate social responsibility (CSR) has evolved significantly. It still forms the basis of contemporary corporate oper...

Amendment of Pleadings at the final stage of Suit proceeding

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On August 3, 2021, the High Court of Delhi pronounced a significant judgment on five petitions filed by M/s. BDR Developers Pvt Ltd. against Narsingh Shah and Shikha Shah. The petitions contest...

Judgment/Order Should Be Passed Within Shortest Time Frame Of The Conclusion ...

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It is common knowledge that even after the hearing/arguments are completed, the Courts do not pass the judgment/order within a reasonable time frame. As a result thereof the confidence of the l...

Tribal Rights and Land Disputes in India: Historical Injustices, Legal Framew...

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The paper explores tribal rights and land disputes in India represent a complex intersection of historical injustices, legal ambiguities, and socio-economic disparities. This research paper exp...

Effects and Consequences of non-compliance of Order 39 Rule 3 of CPC, 1908

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According to Order 39 Rule 3(a) of CPC, 1908[1], which predominantly states that the plaintiff in whose favour the interim injunction was granted, is required to deliver following documents wit...

Amendment of pleadings at final stage

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Background of the Case: In the case of M/s. BDR Developers Pvt Ltd. versus the respondents/defendants, the petitioner, M/s. BDR Developers Pvt Ltd., claimed to be the landlord of several premi...

The Role of Good Faith in Indian Contract Law

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The principle of good faith is a cornerstone of contract law, ensuring fairness and honesty in contractual dealings. It serves as a moral and ethical standard, promoting trust and cooperation b...

Res Judicata: An In-Depth Examination of Section 11 of the Civil Procedure Code

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The doctrine of Res Judicata, codified under Section 11 of the Civil Procedure Code, is a cornerstone of civil litigation. It is a principle that bars the re-litigation of a matter that has alr...

Understanding Promissory Notes: A Human Guide to Secure Financial Transactions

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Promissory Note Section 4: A promissory note is an instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certa...

Refund of Unused Stamp Papers after the Statutory Period of 6 months

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It is common knowledge that unused stamp papers are valid indefinitely as there is no specific mandate in the Indian Stamp Act, 1899 invalidating the unused stamp papers. However, the State of ...

The Scope of Contempt Proceedings and reassessment of order

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The appeal under consideration challenges an order issued by a single judge of the Madhya Pradesh High Court in the context of contempt proceedings. The case originated from a writ petition (W....

Case Comment: State Of Madhya Pradesh v/s Kaluram

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Parties Involved Petitioner: State Of Madhya Pradesh Respondent: Kaluram Date Of Judgement: 5th September, 1966 ...

Claims For Necessaries Supplied To Person Incapable Of Contracting

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In today's society in India, minors are taking part in public life and transactions at a greater pace than before. A minor has to attain education in educational institutes, to travel, buys pro...

Comprehensive Overview of the CPC: Understanding Decrees, Execution, and Tria...

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The article provides a comprehensive overview of the key provisions and procedures governing civil suits under the Code of Civil Procedure in India. It outlines steps for filing lawsuits, prese...

Deemed Decree: A Comprehensive Analysis Under The Code Of Civil Procedure, 1908

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The Civil Procedure Code, 1908 is a significant piece of legislation that governs the procedure for the administration of justice in India. It contains various terminologies that are crucial fo...

Landmark Judgments in India's Electricity Laws: Shaping the Sector

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The electricity sector in India, governed by a complex legal framework, has seen numerous landmark judgments that have shaped its evolution. These cases have addressed critical issues such as t...

Revamping India's Energy Future: Insights into the Electricity Act 2003 and R...

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In the face of escalating climate change concerns and the urgent need for sustainable energy solutions, India has made significant strides in promoting renewable energy. The Electricity Act of 2003...

Electricity Laws in India: A Comprehensive Overview

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Electricity is a critical infrastructure for the economic and social development of any country. In India, the legal framework governing electricity is extensive and has evolved significantly over ...

Hajj Management Failures in 2024 in Mecca, Saudi Arabia

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The Hajj pilgrimage to Mecca, a multi-day religious event attracting millions of Muslims annually, poses unique challenges for crowd and hygiene management as well as security due to its immens...

Role of Consideration in Valid Contracts

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The maxim "Ex nudo pacto non oritur actio" means No action arises from a bare promise. This legal maxim perfectly captures the essence of consideration in contract law. Consideration ...

Critical Analysis Of The Changes Incorporated In The Specific Relief (Amendme...

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Specific Relief Act came into force in 1963 as a Procedural law which is civil and a supplement to the existing Civil Procedure Code of 1908 and the Indian Contract Act of 1872. But the questio...

Maintainability of Petition under Contempt of Court Act against Executable De...

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The legal framework surrounding the enforcement of court orders and decrees is critical to ensuring the authority of the judiciary and the respect for its judgments. This article analyzes the m...

What Is The Validity Of The Unused Stamp Papers

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It is common knowledge that the purchasers purchase stamp papers from the Government Treasury/duly authorised agents/stamp vendors or obtain e-stamp paper online for the purpose of execution of...

Understanding Non-Disclosure Agreements (NDAs)

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Non-Disclosure Agreements (NDAs) are legal contracts that protect sensitive information from being disclosed to unauthorized parties. They are commonly used in various business and professional...

Seeking Injunction Bare Or Consequential?

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In a claim for injunctive relief regarding an immovable property, following situations[1] are possible: The plaintiff is in lawful possession and such possession is interfered by defendant wh...

Replication in Commercial Dispute Cannot Be Filed Beyond 45 Days of Receipt o...

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This case examines the legal implications of failing to file a replication within the prescribed 45-day limit in commercial disputes, with reference to the Delhi High Court (Original Side) Rule...

No Argument Can Be Advanced Which Are Beyond The Pleadings

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This article examines a rent control revision petition filed under Section 25-B(8) of the Delhi Rent Control Act, 1958, challenging the judgment of the Additional Rent Controller (ARC). The pet...

Validity of Agreements restraining Liberty as per Indian Contract Act, 1872

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The right to Liberty, to live life as per one's own wises, is one of the fundamental rights necessary for the development and progress of humanity. Part of the First generation of Human rights,...

When Injunction Cannot be Granted by the Court

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Section 41 of the Specific Relief Act, 1963 delves into the discretionary power of courts when it comes to granting injunctions. An injunction, a powerful legal tool, serves as a court order pr...

Intention To Create A Legal Relationship

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Any agreement that is enforceable by law is called a contract. This means that the contract is a legally binding agreement between two parties that outlines their obligations to perform or refr...

Exams, Test For Eligibility, Or A Joke Of Education

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Henry Fischel the man behind thought of exams the person which every student in us hates but why? He didn't get the thought to use the exams as a tool to bind a free man to this machine world i...

Affidavit: Essential Guidelines for Preparation

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An affidavit is a written statement made under oath, which is then sworn or affirmed before an oath commissioner or another authorized individual. This document serves as a declaration of the t...

Understanding the Damages under Indian Contract Act, 1872

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The Latin maxim 'Ubi jus, ibiremedium' denotes 'where there is a right, there is a remedy'. In the world of contracts where people agree to do certain things it's important to have ways to make...

International Commercial Contract in India: Challenges and Solutions

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A contract[1] is a formal agreement established between two or more parties, which holds legal enforceability and creates a set of obligations and responsibilities for each party involved. This...

Legality Of Non-Compete Clauses In The Employment Contracts In India

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Nowadays, when industrialization and globalization are at their height, many contracts are a part of day-to-day existence. Employment contracts are the most prevalent type of these agreements. ...

Examining Different Types of Biases

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Bias refers to systematic deviations from logical reasoning or impartiality in thought, perception, and behaviour. Cognitive shortcuts, personal experiences, and social influences often contrib...

Civil Law Contracts: A Basic Understanding

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A key component of civil law, contracts regulate the formation and fulfillment of legal duties between two or more parties. In-depth discussions of the fundamental ideas, forms, and traits that...

Limited Liability Partnership: A Comprehensive Study

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Introduction To LLPPre-2009, for the purpose of starting a business, people had to either register the business as a Partnership Firm or a Private Limited Company. Partnership firms were known ...

A Study Of Rules As To Delivery Under The Sale Of Goods Act, 1930

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The Sales of Goods Act 1930 is an essential component of legislation governing contracts that aims to protect the interests of both buyers and sellers by providing a legal framework for sales t...

Doctrine Of Privity Under Contract Law

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The doctrine of privity of the contract states that "only parties to the contract can exercise rights and only they can be held liable". The law of contract states that a contract in the ordin...

Continuing Guarantee And Its Revocation

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The Contract of Guarantee, as enshrined in Section 126, Indian Contract Act, 1872, enshrines the provisions for pivotal financial transactions in today's world. At the same time, it ensures a m...

Analysis Of Position Of A Minor Admitted To The Benefits Of Partnership Firm ...

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The Indian partnership act, 1932 which regulate the establishment and operations of partnership in India. In which itsaid that minors may be admitted to the benefits of partnership with the con...

A Tale of Responsibility and Negligence in Hotel Hospitality: Jan And Sons v/...

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The present case of Jan & Son v. A. Cameron [1]was filed as an appeal by the defendant hotel owner before the Allahabad HC to set aside the trial's court's order. This case was presented be...

Should Courts Consider Merits Of Case While Deciding Application For Condonat...

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The Courts have ruled that the application for condonation of delay has to be heard and decided as a preliminary issue and only when the delay has been condoned the Courts can proceed further w...

Power of Attorney holder can depose regarding what he is having personal know...

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The case at hand revolves around a property dispute wherein the plaintiffs/appellants assert their rights over a piece of land against the defendants/respondents, the Gala’s. Central to the d...

The Scope Of Permissible Amendments At The Stage Of Judgement

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In the case at hand , an application for amendment was permitted even as the judgment was about to be pronounced, pursuant to an application under Order 12 Rule 6 of the CPC. This decision was ...

The Courts Should First Decide The Application For Condonation Of Delay Befor...

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It is common knowledge that the appeals/revisions are sometimes filed beyond the statutory timeline and the memo of appeal/revision is accompanied by application for condonation of delay. The C...

Legal Perspectives on E-Contracts in the Globalized world

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The concept of 'globalization' has brought about the opening of market economies, and this has had an impact on the global business regime. The business landscape revolves around contracts. Con...

Civil Liberties Upholding Cornerstone Of Democracy

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Civil liberties serve as the bedrock of democratic societies, safeguarding individual freedoms and rights against governmental overreach and tyranny. This abstract delves into the pivotal role ...

Mohori Bibee v/s Dharmodas Ghose: Validity of Contract by A Minor

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Section 10 of the Indian Contract Act, 1872 stipulates that contracting parties must possess legal competence, and Section 11 specifies that minors lack such competence. Due to the Contract Act...

The Privatization of Governance: A Shift from Public Law to Contract in Struc...

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The relationship between public and private authority is moving and transforming in the course of time. There are theories that argue a recent shift in power from public to private entities. Ho...

Exclusion In Favour Of Reversioner Of Servient Tenement

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Property law in India encompasses a wide array of legal principles, with easements being a crucial aspect. Easements entail the right to use another individual's land for specific purposes. In ...

Application for maintenance

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In a criminal application, the High Court is expected to exercise extraordinary jurisdiction very sparingly, particularly in cases of miscarriage of justice or when there is an erroneous approach i...

Inequities: A Critical Exploration of Unjust Contracts

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Contracts are the backbone of modern society, governing countless transactions and relationships. However, not all contracts are created equal. Some agreements, known as unconscionable contract...

Consequences of Non Registration of Partnership Firms

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According to section 4 of the Indian Partnership Act ,1932 , the term 'Firm' describes a collaboration of two or more partners who engage with each other to conduct activities. In simple terms,...

Nature And Essentials Of Partnership Under Indian Partnership Act,1932

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The Indian Partnership Act came into force on 1st October 1932 except Section 69( Effect of non Registration) which came into force on 1st October 1933. The Partnership Act is applicable to who...

Termination of Agreements, Contract Law and its Application in Business Tran...

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Termination of agreements stands as a crucial aspect within the framework of contract law, playing a pivotal role in shaping the landscape of business transactions. This project delves into the...

Definition Of Contract And Essential Elements For Valid Contract

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Introduction : In simple terms, a contract means when two parties put into an agreement which can be oral or written in nature, which contains certain obligations( promises)which are to be perf...

Place Of Suing Under Civil Procedure Code

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Each court has its territorial jurisdiction notified in the official gazette. Special Acts do define the subject wise jurisdiction as to which court would have jurisdiction to try cases under t...

Communication In Indian Contract Act: Evolution From Non-Instantaneous Commun...

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Contract is the essence of any transaction that happens across borders; it is the legally binding nature of it that makes it distinct from agreements. Contracts in India are governed by the Ind...

Decoding Section 29 Of Indian Contract Act, 1872

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The Indian Contract act, 1872 is the principal law regulating the contracts and agreements in the Indian Subcontinent. It is also one of the oldest legislations enacted in India by the British ...

Defamation: A Civil And Criminal Wrong

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Tort of defamation is a genesis of English law. Defamation denotes an assertion wherein character , honour , position and name of another individual is lowered under the outlook of wise and ra...

A Study Of Mistakes In Contract Law

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'Mistake' is not defined in the Indian Contract Act. Section 20, 21 and 22 deal with the concept related to mistake. 'Mistake' can be defined as any action, decision or judgement that produced ...

Civil Law: Principles, Processes And Practice

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The foundation of all legal systems across the world is referred to as civil law, and it is the body of legislation that is accountable for regulating the transactions that take place between i...

Corruption: Perspectives on Crime, Law, and Society in India

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"People are eyes, judges are voice of the society". Crime and law is everywhere but the true identity of a society is determined by the ideologies and perspective of people regarding the crime ...

Post Office Bill 2023: A Transformation

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On 4th December 2023, the Rajya Sabha passed the Post Office Bill 2023 which seeks to replace the Colonial era Indian Post Office Act, 1898. According to the Government, the new bill has chang...

Live-in Relationships: Is It Destroying The Bhartiya Culture or Not?

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The idea of live-in relationships can be a topic of debate in any culture, especially in our diverse Bhartiya culture. Some see it as a reflection of evolving societal attitudes toward relation...

Corruption Laws: Legal Frameworks, Challenges, and Remedial Strategies

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Corruption remains a serious and multifaceted problem for the international community, undermining governance, economic growth and social justice. In response to this difficult phenomenon, coun...

Bridges v/s Hakesworth: Justifying Claim Of Finder Of The Lost Item

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In the legal case Bridges v. Hawkesworth, the plaintiff, Mr. Bridges, stumbled upon a significant amount of money at Mr. Hawkesworth's shop. Acting in good faith, Bridges entrusted the money to...

Differences Between Tort And Crime

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Tort and crime, two legal branches, are different because each of them deals with specific elements of wrongful behaviour as well as consequences for these. Tort law is mainly based on civil w...

Analysing Ajhudhi Prasad vs Chandan Lal in the light of Khan Gul vs Lakha Singh

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Facts: A deal for a mortgage was made between Ajudhiya Prasad (Defendant), and Chandan Lal (Plaintiff), elated on October 15th, 1925, in Favor of Chandan Lal by Ajudhiya Prasad. However, Chand...

Review: An overview under Code of Civil Procedure, 1908

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Introduction: What is understood by the term 'Review'Review is an exception to the rule that once the court has pronounced the judgment and signed it, it has no jurisdiction to alter it and it ce...

Principle of Preponderance of Probabilities

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The legal standard of proof known as 'preponderance of probability' is utilized in civil cases, requiring the evidence presented to demonstrate a greater likelihood that a fact is true. In simp...

Frustration Of Contract In India: Section 56

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The theory behind the doctrine of frustration is that it seeks to strike a balance between the interests of the contract's parties. It safeguards the interests of the other party in cases where...

Mutual Rights And Liabilities Of Partners

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Definition In an unlimited partnership, every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner. You can be held pe...

Rejection on the Basis of Res Judicata: A Case Study

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Introduction to Res JudicataThe term "Res Judicata" originated in English common law and has subsequently been developed and interpreted by several court rulings. As established by Sir ...

Mischief Rule of Interpretation: Balancing Intent and Adaptability in Legal I...

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The mischief rule is an interpretive principle that examines the state of the law before to the enactment of a statute and identifies the specific problems or shortcomings that the legislation ...

Unveiling the Layers of Gender Inequality

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Gender inequality, a prevalent issue in society, persists despite great progress toward gender equality. From economic inequities to societal biases, its multidimensional character pervades all...

Help Regarding Harassment Through Unwanted Telephone Calls

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The contemporaneous generation is constantly the target of unprompted and harassing phone calls in which one person belittles, threatens, or otherwise violates another's dignity. The fact that ...

Contract of Agencies

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Meaning A 'Contract of Agency' is a dual-party relationship in which one person acts as a representative to the other in business trade in order to create contractual relations between that ot...

Differences Between Estoppel and Res Judicata

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Estoppel:Estoppel is a legal doctrine that prevents a person from asserting a claim or defence that is contrary to what they have previously stated, agreed upon, or established by their conduct...

Bailment And Its Concept: Legal Insights for Everyday Understanding

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Bailment:The word 'Bailment' is comes from French word 'baillier' which means to deliver. Section 148 of the Indian contract act deals with bailment. Bailment is the delivery of goods by one pe...

The Concept Of Substituted Services Under The Civil Procedure Code, 1908

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The Indian Civil Procedure Code, 1908 (CPC) is a procedural law that governs the proceedings in civil courts in India. It is a comprehensive statute that lays down the procedure to be followed ...

Protection Of Self-Employed Unorganized Workers Under The Code Of Social Secu...

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The definition of "self-employed" is "making a living through one's enterprise." Instead of working for someone else, think about becoming a freelancer[1]. "Working for...

The Cultural Conservator In Need Of A Makeover: A Legislative Commentary On T...

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While one part of India wonders whether it will get back its once treasured Kohinoor diamond, the other part of India is slowly looted away of its remaining cultural wealth, which came into lim...

Doctrine Of Caveat Emptor Under The Sale Of Goods Act,1930

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The phrase "Let the buyer beware" is the definition of the caveat emptor tenet. In a sale contract, it is applicable. This doctrine's goal is that, when a contract of sale is made be...

The Curious Case of Life Insurance: A Tale of Contracts and Conundrums - Life...

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Life Insurance Corporation of India Vs. Raja Vasireddy Komalavalli Kamba and Ors. Facts of the case The brief facts of the case are: On 27 December 1960, the husband of the respondent no. 1, n...

Hindu Women, Property Rights Of Generally/ Coparcenary/ HUF/ Joint Family Pro...

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The term family has to be understood in a wider sense so as to include within its fold not only close relation s or legal heirs but even those persons who may have some short of antecedent titl...

Understanding the Ins and Outs of Receiver Orders: What's Appealable and What...

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An order under r 4 is appealable ( Or 4 r 1(s). But order making the receiver liable for a certain sum ( Ganesh v Satya ,4 PLJ 636) or to pay a certain amount in to Court is not appealable unle...

Legal Perspectives On The Uttarakhand Tunnel Collapse: Unveiling Liability, C...

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The Uttarakhand Tunnel Collapse of 12 November 2023, at the Silkyara Bend-Barkot tunnel, designed to connect National Highway 134 in the Uttarkashi district, brought forth a countless of legal ...

Understanding Bailment: Your Friendly Guide to Property Custody

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Bailment is a legal relationship in common law, where the owner transfers the physical possession of personal property for a time, but retains ownership. The owner giving up custody is the &quo...

Overview of Plaint under CPC

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If you've ever thought why this concept of plaint comes into the picture and what are the benefits & why this plaint is necessary, here's everything you need to know. This whole article on ...

Maintainability of complaint u/s 138 of the NI Act in case of dishonour of ch...

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It is common knowledge that cheques are dishonoured mostly for Insufficiency of funds or for the reason that the same exceeds arrangements but there are also several other reasons for dishonour...

Good Faith in Indian Legal Framework

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Our daily lives are woven with contracts- sometimes these contracts are with our express knowledge and consent, and sometimes we enter implicit social contracts with family and friends. These a...

Bridging Legal Divides: A Human Journey through Uttarakhand's Uniform Civil Code

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The approval of the Uniform Civil Code (UCC) Bill by Uttarakhand's Legislative Assembly marks a pivotal moment in India's legal landscape. This article examines the historical backdrop, sociopo...

Unlocking The Power Of Written Contract: Maximizing Benefits And Minimizing R...

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'Written contracts are the foundation of trust in business relationships, providing clarity, accountability, and protection for all parties involved.' In this article, we will learn all about...

Overview Of Uniform Civil Code Concerning Uttarakhand

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The Uniform Civil Code (UCC) Bill, which was just passed by the Uttarakhand state assembly, represents a significant development in Indian law. In a country characterized by variety, Uttarakhan...

Uniform Civil Code In Uttarakhand: India's First, Post-Independence

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With the Uniform Civil Code Bill passed in the state assembly, Uttarakhand has become the first state in India to adopt a UCC after independence. Consisting of seven schedules and 392 sections,...

Khap Panchayats And Honor Killings: Legal Responses And Challenges

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In rural areas of India, it is common for communities to organize themselves into Khap Panchayats, which are traditional community councils. They have recently come under scrutiny as a result o...

Production Of New Documents During Cross Examination

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The production of new documents during cross-examination refers to the presentation or introduction of additional documents by either party while questioning a witness in a legal proceeding. Cr...

The Interface With The Religious Laws And Uniform Civil Code

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Prime Minister Narendra Modi's speech in Madhya Pradesh on 27 June 2023 thrust discussions about the Uniform Civil Code (UCC) into the spotlight, triggering nationwide debates on its potential ...

Understanding Res Judicata under Section 11 of CPC: Key Elements, Case Laws, ...

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The doctrine of Res Judicata is a legal principle that prevents the same matter from being relitigated between the same parties. It ensures the finality of legal proceedings and prevents unnece...

Allegans Contraria Non-Est Audiendus

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Allegans Contraria Non-Est Audiendus Allegans Contraria Non-Est Audiendus is a Latin Maxim which in simple words means that a person making contradictory allegations ought not be heard. This is ...

Manohar Lal Chopra v/s Rai Bahadur Rao Raja Seth Hiralal: Analyzing Section 1...

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Facts of the Case In this matter, the plaintiff initiated legal proceedings before the Subordinate Judge in Asansol seeking the recovery of money from the defendant. Subsequently, the defendan...

Death Certificate: Importance And Legal Aspects

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A death certificate is an important paper given by the government that tells us why someone passed away, where it happened, and when it happened. It also has some other details about the person...

Conflicting View Of Supreme Court In The Setting Aside The Compromise Decree ...

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Hon'ble Supreme Court in Triloki Nath Singh v. Anirudh Singhi (herein after referred as Triloki Nath Singh) has rendered its decision regarding interpretaion of Order 23 Rule 3-A and held that ...

Fundamental Of Contract: Offeror/ Proposer/ Promisor - Offeree/ Proposee/ Pro...

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A contract comes into existence when the offer by the offeror/ proposer is accepted by offeree/ proposee. Such offer and acceptance must meet the criteria set forth by Indian Contract Act,1872 ...

Rights of Unpaid Seller

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As per the Sale of Goods Act, an unpaid seller is a seller who has not yet received the full payment for the goods they have sold. The rights of an unpaid seller under the Sale of Goods Act, 1...

Analysing Adhesion Contracts And The Discrimination They Cause

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With the increase of globalization and world economies , the importance of contracts cannot be overstated . Contracts ensure smooth and secure running of businesses across borders, playing a cr...

Redesigning Agricultural Approach To Millet Production As A Key For Sustainab...

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Budget 2023 largely emphasizes promoting the use of technology in the agriculture sector. Expectations for budget 2023, which was unveiled on Wednesday by finance Minister Nirmala Sitharaman, w...

Understanding the Legality and Implications of Wagering Contracts in Law

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When a promissory note is executed for payment of debt arising out of a wagering transaction,it is hit by section 30 of the Indian Contract Act can't be enforced. ( Badri Das vs Meghraj ,AIR 19...

How to Protect Yourself: Understanding Indemnity and Guarantee Contracts

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Contracts of indemnity and guarantee are a part of special contracts designed to offer security or compensation against potential losses. However, some distinct differences exist between the tw...

Appeal From Original Decree

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The expression 'appeal' has not been defined in the Code, but it may be defined as "the judicial examination of the decision by a higher Court of the decision of an inferior Court". It means re...

Exploring Privity of Contract: Its Evolution, Impact on Modern Law, and Key L...

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As a general rule, only the parties to the contract have contractual rights and obligations towards each other, i.e.; only the parties to the contract can sue and be sued in case of breach of c...

Rights Of Buyer Created In Property Before Attachment By The Court Vis À ...

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Section 64(1) of the Code of Civil Procedure, 1908 (the CPC) provides that any private transfer or delivery of the property attached contrary to the attachment by the Court shall be void as aga...

Importance Of Framing Issues And Discharge Of Onus By The Plaintiff In A Civi...

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It is well settled that the judgement in civil cases is on the basis of preponderance of probabilities and the Plaintiff is not required to prove its case beyond reasonable doubt as is expected...

Sharia law vs Civil Law

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The majority of religions have spiritual precepts that dictate the practices that members of that particular religious community adhere to. Certain religious laws are so strict that violators will...

What is Consideration: A detailed Analysis

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What is Consideration?Consideration is the price of a promise, a return or Quid Pro Quo, something which is of some value received by promisee as inducement of the promise. It is an essential e...

Trust Law Unveiled: A Cross-Cultural Odyssey in India and England

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The intertwining narratives of trust law in India and England reveal a captivating saga of legal evolution, cultural assimilation, and jurisprudential adaptation. As we traverse the legal lands...

How To Get Bail?

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What is Bail?Bail, in general, refers to the temporary release of a suspect in any criminal offence pending court proceedings after posting the required bail bond. It becomes applicable followi...

When Hindu Widow Estate Become An Absolute Estate

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The answer is, that section 14 only applies to properties possessed by the female Hindu at the date of commencement of the Act. It is not correct to say that the expression by a female Hindu ...

Rule Of Succession

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The rules of succession and the nature of estate taken by heirs under the Hindu Succession Act , are almost new. A uniform Law of succession to all those who were governed till then by differen...

Necessity Of Conduct Of Enquiry For Order Of Arrest Of Judgement

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Where application was filed under CPC, Order XXI ,Rules 10 and 11, for issuance of notice under Rule 37 and then warrant under Rule 38. The Court after hearing the counsel for parties had issue...

Bhopal Gas Tragedy: Unveiling Legal Complexities And Corporate Accountability...

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"Five : Justice Delayed: The Loss through Law" Case Study :- Union Carbide Corporation v. Union of India "Steps on the road to recovery: decisions relating to the Bhopal gas tragedy" Introduct...

Res judicata and Stare Decicis

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Res judicata means a thing already adjudicated, a case already decided or things settled by a decision or judgement. The doctrine of Stare de cicis means that a court look to the past , simil...

When Is Review U/S 114 Of CPC Maintainable?

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Review of an order of a Court lies under S. 114 of CPC. The said Section 114 CPC is reproduced as under: Section 114. Review: Subject as aforesaid, any person considering himself aggrieved: ...

Bank of Bihar vs State of Bihar

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The Supreme Court of India heard Civil Appeal No. 1942 of 1966, Bank of Bihar v. State of Bihar and Others. The appellant, Bank of Bihar, appealed against a decision made by the Patna High Cour...

Attachment before Judgement

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In a suit against the partnership firm, and it's partners even the personal property of any of the partner's can be attached before Judgement. Creditors suit for the recovery of loan - applic...

Receivers Right

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In the interest of justice and fairplay a serving Judicial Officer should not be appointed as a receiver by any Court of Law. Sub Rule (2) clearly indicates that Court and it's Officer ,the Rece...

Laws Of Being: Understanding Persons In The Legal Landscape

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The word "person" is derived from the Latin word "persona," which means "a mask worn by actors while playing different roles." The word "persona" initially referred to the masks worn by Roman a...

Cause of Action

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The plaint has to be rejected on the grounds that it does not disclose a cause of action and it is an abuse of process of Court. In order to appreciate the rival submission of the Ld counsel on...

Change In Law/Subsequent Overrule By A Superior Court Not A Ground For Review

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It is common knowledge that the Courts follow the binding dictum of a Higher Courts but it may happen that the case relied by the Court, on which the entire judgment has been founded, may subse...

Outgoing Partners: Rights and Liabilities

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Partnerships are essential structures for businesses, allowing individuals to collaborate, share responsibilities, and pool resources. However, the dynamics of partnerships can change, and unde...

Can a Non-Party Can Seek Review of Court Order?

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Can a Non-Party Can Seek Review of Court Order?It is no longer Res Integra that a Non Party can seek Review of Court Order although he may not be a party to the Court proceedings if he is 'aggrie...

Deciphering The Depths Of Legal Finality By Embarking On Journey Of Juridical...

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"Res Judicata: Where the echoes of justice sculpt the pillars of legal certainty and forge the legacy of precedent."...... Vishal Banga Introduction to Res- Judicata: In Civil Proc...

Policewomen: A Comprehensive Exploration

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Abstract Playing a crucial role in investigations, community engagement, and order maintenance, policewomen in India go beyond mere representation. They uphold their communities as trustworthy...

Civil Case: Differences Between Civil And Criminal Cases

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Civil case refers to legal disputes that are mostly caused by parties seeking compensation or resolving a disagreement over legal rights. These cases differ from others, such as criminal cases ...

Registration of Trade Unions under Industrial Relations Code 2020

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Since labour keeps the nation moving forward on its development route, it acts as the spinal cord of the nation. Since labour is listed as a concurrent list item in our constitution, laws gover...

Dishonour Of Cheques Given Against Cash/Unaccounted Loans- Complaint U/S 138 ...

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The number of cases filed under Negotiable Instruments Act, 1881 is increasing manifold as dishonour of cheques has become a very common feature. Over 33 lakh cases are pending in our Courts wh...

Whether Interpretation sub-rule (3) of Rule 3-A of Order XLI of Code of Civil...

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The provisions of Rule 328 of the J&K Motor Vehicles Rules, 1991 makes it amply clear as to how the provisions of Order XLI of the Code of Civil Procedure, 1908 apply to appeals under Section 1...

A Constitutional Conundrum: The Uniform Civil Code Debate In India

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"A uniform civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies." - B. R. Ambedkar In the kaleidoscopic tapestry of ...

Cases Related To Section 96 Read With Order XLI Rule 31 Of Civil Procedure Code

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Case No. 1 Maharajkumar Hanuvantsinhji Madansinhji Jadeja versus LH OF DECD Pragmalji Third of Kutchh Decided on September 7, 2022 Coram: Hon'ble Mr. Justice Hemant M. Prachchhak Facts The...

The Dichotomy of Alternate Remedies and Interim Relief in High Court Admissions

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The interplay between the admission of a matter before a High Court and the subsequent grant or refusal of interim relief is a complex and often contentious issue in the legal world. In many ca...

Exploring the Intricacies: The Concept of Appeal in the Code of Civil Procedure

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Appeal is not anywhere defined in the Code of Civil Procedure. But, Its related provisions under various sections & orders of the CPC. Appeal is application by a party to an appellate court...

The Crucial Role of Due Diligence in Post-Trial Amendments

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One critical aspect of litigation is the ability to make amendments to pleadings as new information or strategies emerge. However, as a recent case before the Hon'ble Delhi High Court demonstrate...

Adjournment in Court

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Introduction In the legal field, an adjournment refers to a temporary pause or delay in a court hearing or trial. This practice is widely implemented and serves multiple purposes. Requesting a...

Caveat in Courts

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The term "caveat" originates from the Latin word "cavere," which means "warning" or "let him beware." Essentially, a caveat is a provision that prevents so...

Order 39 Rule 2A CPC and Requirement of Willful Disobedience in Legal Proceed...

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This article examines a recent case where the plaintiff sought to hold Defendant 1 accountable under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC) for willfully disobeying a co...

The Effect on filing of Written Statements without affidavit of admission denial

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In the realm of legal interpretation, one of the fundamental principles guiding the judicial process is the resolution of conflicts between special laws and general laws. It is a well-establish...

Power of Attorney: Use And Misuse

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Introduction A Power of Attorney (POA) grants another person the authority to make decisions on your behalf when you are unable to do so. It is a valuable legal document, particularly for seni...

Notice: Legal Aspects

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Introduction In legal or formal communications, a notice is a written document or notification that is used to convey important information, demands, or instructions from one party to another....

Rule of Plaint in Civil Procedure Code

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In the context of India's Civil Procedure Code (CPC), a "plaint" is a formal written document wherein a plaintiff outlines their claims and accusations against a defendant in a civil ...

Written Statement of Defense

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Introduction In civil lawsuits, a crucial document called the written statement holds significant legal value. It represents the formal response of the defendant to the plaintiff's claims and ...

Agreement: Essentials, Types And Risks

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Introduction An agreement is a formal and legally binding understanding or contract between two or more parties. It outlines the agreed-upon terms, conditions, rights, and obligations for all ...

A Child Born Out Of Invalid Marriage Or Where Marriage Has Been Declared As N...

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After Taking in to consideration the provision of section 16(1) of the Act 1956 irrespective of the nullity of the marriage u/s 11 of the Act ,any child who would have otherwise been legitimate...

Witnesses Who Cannot Speak: A Critical Understanding Of The Indian Position

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Introductory Remarks A witness is an individual who has actually witnessed an event. The event could be a wrongdoing or a mishap or anything. Sections 118 -134 of the Indian Evidence Act, 1872...

Will: An Exploration of its Multifaceted Dimensions

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The expression 'Will' is defined in section 2(h) of Indian Succession Act, 1925, and it means the legal declaration of the intention of a testator (maker of Will) with respect to his property, ...

Goodwill Of A Partnership Firm And Its Entitlement

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The case at hand involves a complex legal dispute surrounding the trademark "FOX & MANDAL" and a passing-off lawsuit filed by Petitioner No. 1, a partnership company, against Resp...

Females Property-Devolution If

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Admittedly,Sub section (2) (b) provides for the mode of succession to the property of female Hindu which she had inherited from her husband and State s that the property goes to her husband s h...

Critical Analysis On Menstrual Leave In India

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Globally, the working environment and work culture been constantly changing. The employers are adopting new dynamics for best practices. The new world of professionalism is inter alia driven by...

Non-Impleadment of Legal Heirs of Deceased Partner in Partnership Firm

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In a recent legal case, the question arose as to whether the legal heirs of a deceased partner of a partnership firm should be impleaded in a trademark cancellation proceeding. The trademark in...

The Maximum Time Limit for Filing Replication in Delhi High Court

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In civil litigation, the replication plays a significant role in responding to the defendant's written statement. In the Delhi High Court, the time limit for filing a replication is governed by...

Testimony of a Deceased Witness and its evidentiary value

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In the realm of legal proceedings, a crucial question often arises when a witness who has been examined-in-chief passes away before the completion of their cross-examination. This scenario pose...

Grant Of Succession Certificate

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In the instant case, there are two rival claimant's, one her brother and the other alleging to be husband of the deceased. Court found that the person alleging husband was not proved nor his ma...

Daughters Born From Second Wife Would Inherit The Property Of Their Father Al...

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In view of section 5 and 11 of the Act, it must be Held that the marriage between both the parties after the commencement of the the Act . Therefore, considering that the marriage between husba...

Discharge Of Contract By Agreement And Operation Of Law

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To discharge a contract is to end it. There are therefore as many kinds of the discharge as there are different ways of ending a contractual obligation. Discharge of a contract refers to the wa...

Unmarried Daughter Gets Equal Status Of Coparcener

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There can be no dispute regarding the position of Law that after the insertion of Sec 6A in the Hindu Succession Act,1956 by the Karnataka ( amendment) Act No 23 of 1994, an unmarried daughter ...

Applicability Of Order VII Rules 10 And 11 Of Cpc

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In the complex world of civil litigation under the Indian legal order, the CPC is the fundamental set of rules and procedures for the settlement of civil cases. Among the many provisions of the...

Court Can Turn the Clock Back: SC's Sharp Words on Ladakh Admin Denying NC Us...

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Asserting its power to turn the clock back, the Supreme Court came down heavily on the Ladakh Union Territory administration run by the Bharatiya Janata Party-led Union Government for denying t...

Plaint Under CPC

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A plaint is a legal document used by a plaintiff after filing a suit before a civil court. It is in written form and contains all the details of the suit to present his/her claim. It is the fir...

Sales Contract

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A sales contract is also known as a sales agreement or a purchase agreement. In this article, we will be discussing what a sales contract is, its types, essentials of the contract, essential cl...

Unpacking the Debate Over Age of Marriage

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Marriage is an old form of association, it was never perfect; it will never be perfect, yet it is the Happiest wrong we are doing on earth. Last year a task force was constituted by the prime...

Service Through the Learned Local Commissioner and Its Implications on Order ...

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The matter at hand revolves around the interpretation and application of Order VIII Rule 10 of the Code of Civil Procedure (CPC), specifically in relation to the service of summons through a le...

The Doctrine Of Res Judicata And Res Subjudice In The CPC

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Introduction-While delivering a judgment, the court must depend on certain principles, doctrines, and precedents. The CPC (Code of Civil Procedure) of 1908 has two such doctrines under Section 10...

Agency By Ratification

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Agency by Ratification is applicable when a person (agent) acts on behalf of another individual (principal) without his permission or knowledge. It states that even though the agent agrees with...

Temporary Injunction

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"Injunction" refers to discretion or control. In legal terms, an injunction is a judicial order which withholds from doing a particular act or thing. It may be perpetual or temporary. Perpetu...

The Uncertain Position Of Foreign Notarized Powers Of Attorney In India

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"the power of attorney is one of the most frequently used instruments in international intercourse." The Indian diaspora is not only the world's fastest growing, but also one of the most inf...

Uniform Civil Code Is Divisive

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Introduction The Uniform Civil Code (UCC) is a proposed set of laws aimed at replacing personal laws based on religious practices with a common set of civil laws for all citizens of India, reg...

Developers Shall Be Held Accountable For Default In Payment Of Transit Compen...

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A division bench of Justice G.S. Patel and Justice Neela Gokhale was hearing a petition pertaining to the builder's default in payment of transit compensation to the residents during the course...

Arbitrability And Jurisdictional Considerations In SBP And Co v/s Patel Engin...

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In SBP and Co v Patel Engineering Ltd, and another, reported in 2005,8 SCC ,618: ( AIR2006 SC 450, the Honble Supreme Court held that dragging a party to an arbitration when there existed no ar...

Codology Network

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We believe the media in India has been the center of crafting communal violence and utter fake news for views. The media has never exposed the truth of the events in the country. we believe tha...

Tracing the Evolution: A Comprehensive Look at the Formation and Historical D...

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The formation of a Code of Civil Procedure stands as a pivotal milestone in the development of legal systems worldwide. This abstract presents a comprehensive overview of the historical evoluti...

Difference between Trial and Civil Application

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Difference on the basis of Meaning The word "trial" is used both in civil and in Criminal matters. In civil, it is used to determine the fact in issue before the court of law. In criminal matt...

Imprisonment By Family Court For Default In Complying With Courts Order For P...

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In Gorakshanath Khandu vs State 2005 Cr LJ 3158,the family court, Pune fixed the maintenance at the rate of Rs 1500 to the wife and minor daughter, Rs 2400/- fell in arrear and as such,a warran...

Analyzing The Necessity Of Prima Facie Case Balance Of Convenience And Damage...

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The legal landscape surrounding interim applications for injunctions is a complex and multifaceted arena that requires a careful consideration of various factors. In the case at hand, where an ...

Initiation Of Enforcement Proceedings

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The proceedings u/s 125 Crpc, and the related proceedings are in civil nature. This has been held by the Supreme Court in Nand Lal vs Kanhaiya Lal , and Jasbir Kaur vs Jaswant Singh, even thoug...

Failure To Pay Maintenance

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From bare perusal of Section 125(3) Crpc , it becomes clear a person against whom an order under section 125(3) Crpc was made does not become liable to imprisonment on passing of an order of main...

Dismissal Of Suit For Maintenance In Default

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Order IX Rule 9 CPC provides that where a suit is dismissed for the plaintiff s non appearance even though the defendant had appeared when the suit was called for hearing, the plaintiff is not ...

Difference between Non-Disclosure of Cause of Action and Defective Cause of A...

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This analytical legal article discusses the distinction between non-disclosure of cause of action and defective cause of action in the context of a trademark infringement case. The case in ques...

Maintainability of Letters Patent Appeal against Judgment passed by High Cour...

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The issue of maintainability of Letters Patent Appeal (LPA) against a judgment passed by the High Court in a Trademark Rectification Petition has been a matter of contention. This article analy...

Right Of Second Appeal

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Issue involved regarding ownership based on interpretation of Documents constitute substantial question of law. Second Appeal can't be dismissed in limine. Existence of a substantial question o...

Understanding the Importance of Leave and Licence Agreements

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A Leave and Licence Agreement is a vital legal document that governs the relationship between a licensor (property owner) and a licensee (tenant). It is commonly used in the real estate sector ...

Non-Compete Clauses in India: Balancing Business Interests and Individual Fre...

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A non-compete clause or non-competition agreement is a legal provision often included in various contracts and business agreements. It restricts the party to engage in a competition with any ot...

How Appeal Can Be Made From Decree And Order?

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An appeal is a crucial mechanism in civil litigation, ensuring the proper administration of justice. It allows parties dissatisfied with a lower court's decree or order to seek redress and revi...

Maha RERA: De-registration of Real Estate Projects

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The Real Estate (Regulation and Development) Act, 2016 (for short, RERA) which came into force on 1st May, 2017 has been enacted in the larger public interest for the purpose of settlement of d...

Harmonizing Diversity: An Overview of the Uniform Civil Code in Law

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The Uniform Civil Code (UCC) is a topic of significant debate and discussion in India. It refers to the idea of having a common set of laws governing personal matters such as marriage, divorce,...

Procedure For Civil Trial

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Detailed Procedure For A Civil Trial: Filing the Complaint: The plaintiff (the party bringing the lawsuit) initiates the civil trial by filing a complaint in the appropriate court. The...

Concept Of Bailment Under Indian Contract Act

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Bailment is defined under the Indian Contract Act of 1872, from sections 148 to 181. The Contract of Bailment is defined under section 148 of the Indian Contract Act as a delivery of goods from...

Summarise of Law for Judicial Review

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The purpose of judicial Review of administrative action is intended to prevent Arbitrariness and to check whether the choise or decision is made lawfully and not to chek whether the decision wa...

Civil Revision Petition: Expeditious Disposal Of Cases

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Redirect, When It Is Rejected. Revision: It means to re-examine or re-look in to the matter which is disposed by the lower court by the Superior Courts which was proposed by aggrieved. Revisi...

Quantum Meruit As An Equitable Remedy Under The Indian Contract Act

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The Indian Contract Act and Specific Relief Act give many remedies for breach of contract. One such remedy is 'Quantum Meruit'. This Latin phrase means 'as much as he deserved'[1]. This remedy ...

Critical Evaluation Of Agricultural Bills, 2020

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In India, agriculture is one of the major contributing sectors to GDP as well as one of the most employed sectors. According to national agriculture data, it is clear that over 50% of Indians a...

Societies Registration Act 1980

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Society, in general terms, it means aggregate of people living together, having common interest to serve certain functions and to achieve their particular aims and goals, these goals could be a...

MOU: Conclusive Or Not?

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Intention MOUs becomes legally binding when the intention of the parties to enter into a definitive agreement/contract reflects apparent on the face thereby letting know that they intend to ...

Compromise Decree: Challenge By The Third Party

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An agreement between the parties to a case on a settlement later included in a court order is known as a compromise decree. It is a form of dispute resolution frequently utilized in civil litig...

Building a Unified Nation: The Urgency of Implementing a Uniform Civil Code

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The articles give an analysis of the concept and issues of Uniform Civil Code also the view of honorable Supreme Court and present government. It further discusses the disquietness of citizen o...

Liability for Negligence in Hotel Car Parking Services: Contractual Limitatio...

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Section 148 of the Indian Contract Act, 1872 defines bailment. It is defined as:delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is...

Frustration Of Contracts: Impossibility, Legal Changes, And The Impact On Con...

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It is presumed by the law that if the law is created for the regulation of any group of people of that aspect of society are supposed to follow the law. Similarly, when the Law of Contract is c...

The Impact Of The Civil Procedure Code On The Administration Of Justice In In...

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The Civil Procedure Code (CPC) is a key legislation that governs the administration of civil justice in India. It was first enacted in 1908 and has since been amended several times to keep up w...

Revisiting the Bhopal Gas Tragedy: A Comprehensive Case Study on its Causes, ...

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The night of 2-3 December 1984, was the most unfortunate night for the Bhopal, in fact not only for Bhopal but for the whole world. Thousands of people lost their lives that night and many are ...

Doctrines in Res Sub Judice A Comprehensive Review of the Civil Procedure Cod...

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A Comprehensive Review of the Civil Procedure Code in India - Makam Ganesh Kumar Abstract: The concept of res sub judice plays a pivotal role in the Indian legal system, ensuring the admin...

Res Judicata of Foreign Judgement: Execution Of Foreign Awards And Decrees In...

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The enforcement of foreign awards and decrees in India plays a crucial role in facilitating international trade and promoting foreign investment. Res judicata, a legal principle derived from La...

Agent's Authority Under Indian Contract Act,1872

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Agency in law connotes the relation which exists where one person has an authority or capacity to create legal relation between a person occupying a position of a principal and the 3rd parties....

Mere Breach Of Contract Does Not Amount To Criminal Proceedings: In the light...

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With passage of time the concept of civil and criminal cases has proliferated, with introduction of different acts for different situations, the basic idea of dealing with cases has changed. There...

Anti-Suit Injunctions: A Comparative Analysis Of Jurisdictional Challenges An...

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In India and other countries, the judicial review of anti-suit injunctions entails an analysis of legal concepts and considerations to determine the appropriateness of such injunctions. An anti...

The Doctrine of Obiter Dicta

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It is common knowledge that the Courts in their detailed judgments deal with complex facts and law. To arrive at the final order, the Courts discuss various arguments and try to justify the out...

Principles Of Secret Trust And Fiduciary Relationship

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The principles of secret trust and fiduciary relationships in trust law are critically examined in this research article. It examines the development of these principles over time, the conditions...

Filing Of Counter Claim After Evidence Is Led

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Order VIII Rule 6A of the Code of Civil Procedure explains 'counter claim'. Rule 6A states that the defendant, by means of a counter-claim can claim any form of a right or a claim with respect ...

The Imperative Role of Surrogacy Contracts in India: Protecting the Rights an...

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In this composition, we've concentrated on the current rules or regulations governing surrogacy with a particular emphasis on the necessity for strict legislation to control marketable surrogac...

The Power Of Courts: Safeguarding Justice And Upholding The Rule Of Law

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The authority of courts has a lengthy history that cuts across all cultures. Ancient societies understood the need for a fair arbitrator to settle conflicts and uphold order. The king's courts ...

Extensive Depth Analysis on Order 9 Rule 9, Order 9 Rule 7, and Order 9 Rule ...

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The Code of Civil Procedure (CPC) is a crucial legislation that governs the procedural aspects of civil litigation in India. Within the CPC, several provisions address the process of summoning ...

Suits By Or Against Persons Of Unsound Mind

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A legal system that bases itself in justice, equity and good conscience must have provisions to ensure that fair justice is meted out to all sections of citizens that come before it. Naturally,...

Manish Kumar v/s Union Of India

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Manish Kumar Vs. Union Of India & AnrFacts of the case The case involved a petition filed by a company, which had been declared as a non-performing asset (NPA) by a bank. The bank, as a fina...

The Impact Of Socio Economic Offences On The Indian Economy

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Socioeconomic offences are crimes that have an impact on a society economic and financial well- being. These offences are usually committed by individuals or corporations with significant financia...

Case Brief: In Re: Mr. Rakesh Khare And Krishna Engineering Works - Case No. ...

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Facts: Eastern Railway, through its Chief Materials Manager (Stores), Mr. Rakesh Khare, referred this case under Section 19(1)(b) of the Competition Act, 2002, claiming a violation of Secti...

Aparna A.Shah v/s Sheth Developers Pvt. Ltd (2013) 8 SCC71

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Facts: The respondent in this case, M/s Sheth Developers Pvt. Ltd., is a firm that was established in accordance with the requirements of the Companies Act, 1956. The appellant for this c...

The Debate Over Contract Labour in India: Pros and Cons

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Contract workers are individuals who are hired on a temporary basis by an employer to perform specific tasks under the terms of a contract. Contract labour is one of the most severe types of un...

Unorganized Labourers' Rights Vis-a-Vis Current Legislations In India

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In India, unorganised industries contribute considerably to growth (92% of total workforce), but their contribution is underappreciated due to a lack of statistical data and a process to gather...

Duties Of Trustee Under The Indian Trust Act Of 1882

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A trust is created for the benefit of a third person called the beneficiary and the duties of the trust (to see that it functions properly) are carried out by the trustee. Who is a Trustee?T...

Creation of Trust under the Indian trust Act of 1882

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The Indian Trusts Act is one of India's most significant pieces of legislation. The objectives of trusts in India are governed by and protected by this statute. India's trust law is intricate a...

Case Comment On Sahil Arora Versus Government Of National Capital Territory O...

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On February 14, 2023, the Delhi High Court rendered a decision in the matter of Sahil Arora v. Commissioner of Excise Government of National Capital Territory of Delhi and Others. The contested...

The Doctrine Of Res Judicata Applies Only When The Previous Suit Was Decided ...

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There is a lot of misunderstanding regarding the applicability of the Doctrine of  Res Judicata in fresh proceedings, once the same matter has been decided earlier. Before deliberating ...

Tenants Do Not Have Rights To Dictate The Course Of Redevelopment To Be Adopt...

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A division bench of Justice G.S. Kulkarni and R.N. Laddha of the Hon'ble Bombay High Court was hearing the petition concerning the nature and/or course pertaining to redevelopment adopted by th...

Linking Of Adhaar And PAN: Implications Under Income Tax Act 1961

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In a circular released by CBDT (Central Board of Direct Taxes) on March 30, 2022, it is stated that everyone with a valid PAN and Adhaar must link their PAN with their Adhaar. Any noncompliance...

Performance OF Contractual Obligations Law AND Practice: A Critical Study Wit...

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As per S. 2(H) of the Indian contract act, 1872 an agreement enforceable by law is a contract.[1] The contract act is one of the principal acts governing all contractual relations not only i...

Will Suit Abate for non-impleading of All LR's of deceased even if substantia...

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It is common knowledge that in the event of the death of one of the defendants, it is invariably pleaded that the suit has abated for non- impleadment of all the Legal Representatives. But the ...

Reference, Review, Revision

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ivil procedure code neither creates nor take away any right. It is intended to regulate the procedure followed by the civil court. The procedure must not be complex and the litigant must get a ...

Aerial View Of The Stages Involved In A Civil Litigation In India

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The initiation of a civil proceeding by a person against another is governed by the Code of Civil Procedure (CPC) in India. The Code is quite complicated and, though, no law mandates the engage...

Civil and Criminal Revision Procedure

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This article will review the Revision Petition procedure in the Criminal and Civil Procedure Codes. First, we must clarify fundamental differences between Revision, Review, and Appeal to unders...

Under which Act, Credit, Debit Cards, ATMs, PhonePe, PayTm Wallets etc works

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The Reserve Bank of India (RBI) established the Payment and Settlement Act System, 2007 (PSS Act, 2007), which was approved by the President on December 20, 2007. It becomes effective on August...

Live-in Relationship: Laws In India

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In India, live-in relationships refer to couples who live together without being married. While this concept has become increasingly common in recent years, the laws regarding live-in relations...

100% Consent Of All The Tenants Not Required For Redevelopment Of Old And Dil...

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[1]A division bench of Justice G.S. Kulkarni and R.N. Laddha of the Hon'ble Bombay High Court was hearing the petitions under Article 226 of the Constitution of India concerning redevelopment o...

Intellectual Property: Registration and Effects

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Intellectual Property: Registration and EffectsThis blog will help you understand the process of registration of your IP, and the effects of its non-registration. If you are here because you are ...

Analysis: Caste System In India Events Of Earlier Years And Their Present Out...

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Preface To The Analysis The ability of India to enact significant socio-political reforms would be crucial to its ambitions to become a strong superpower in the coming decades. The evils of th...

Doctrine Of Res Sub-Judice Under The Civil Procedure Code

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A number of theories or ideas serve as the foundation for the Indian legal system. These doctrines are crucial for two reasons. These ideas or doctrines can be used as a starting point for meas...

Order 37 of the Code of Civil Procedure, 1908

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Order 37 of the Code of Civil Procedure, 1908, provides for a summary suit or summary procedure for negotiable instruments. A summary suit is a special and fast way of exercising a claim effici...

Caveat: Remedy To The Apprehension

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"Beware" is the meaning of the Latin term "Caveat". This term is undefined in the Code of Civil Procedure. Dictionary of English law has defined Caveat as "A caveat is ...

Corruption In India

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"Power tends to corrupt, and absolute power corrupts absolutely" - John Acton Corruption is a worldwide phenomenon and is always been a serious issue since the ancient time. It not only bloc...

A Comprehensive Overview Of Contempt Of Court Act, 1971

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The word "Contempt" means the state of being despised or dishonoured and the word "Court" means a place where legal trials take place and justice is administered. So, simply...

Consideration and It's Elements

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Consideration & its Elements Consideration:When at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing or promises to ...

Details About An Agreement

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Details about an Agreement What do you mean by preamble of an agreement Most contracts include a set of paragraphs that cover a few significant aspects of the agreement, the linked transaction,...

Tape Recorded Statements As Evidence In India: An Analytical Study Of The Evo...

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The admissibility of tape recorded statements as evidence in India has been a contentious issue in the legal field. The Indian Evidence Act, 1872, governs the admissibility of evidence in India...

Contract of Indemnity: Introduction, Meaning it's overview, case laws

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Introduction to contract of Indemnity:You might be aware of the basic rule that whoever harms or causes injury to another person has to pay the damages or costs to the injured person. The contr...

Confronting Photocopies of the documents in cross examination

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These questions often arises, whether during the course of cross examination, the witness can be confronted with the photocopies of the documents or not? What happens, in case the witness denie...

Law of Pre-emption in the state of Gujarat

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It is the right of an owner of immovable property to acquire by purchase another immovable property which has been sold to another person. In other words, under this right owner of an immovable...

Justice Loses Character If It Becomes Revenge

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"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right, not asked as a favor." ~ Theodore Ro...

Money Recovery Suits and Temporary Injunctions

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Suit For Recovery Of Money Often we come across circumstances where the opposite party fails to return the money or repay the amount within the stipulated period. Hence, there are various lega...

Anti-Corruption Law in India: Effectiveness, Challenges and Recommendations

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Corruption is a rampant problem in India, which has a significant impact on the country's social and economic development. Over the years, the Indian government has implemented various anti-cor...

Execution Of Foreign Decrees In India

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Foreign Decrees and IndiaWe are living in the era of globalization, we being a democratic country always try to respect various international legal treaties, keeping in mind all international o...

Is India Ready For UCC?

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The Uniform Civil Code (UCC) advocates for the creation of a single law for India that would apply to all religious communities in areas such as marriage, divorce, inheritance, and adoption and...

Administrative Tribunals In India: Origin and Purpose

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A civil servant on being visited with a major penalty can take recourse to a departmental appeal, against the order imposing the punishment of dismissal, removal or reduction in rank. Thereafte...

A Look Into Contract Of Indemnity

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Contract of guarantee has been defined under section 126 of the Indian contract act, 1872. i.e., A contract of guarantee is a contract to perform the promise, or discharge the liability of...

Union Budget 2023: Post Office Monthly Interest Scheme: An Attraction

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Concessions And Benefits Extended By Post Office Finance Minister Nirmala today announced to increase the maximum deposit limit of Post Office Monthly Income Scheme (POMIS). The new maximum depo...

Determination Of Lease

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In India, transfer of property is not possible for every individual because of financial issues. The permanent or absolute transfer is a luxury for some people, but a temporary transfer is some...

Temporary Injunction, Order 39

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Have you ever considered what might happen if someone attempted to destroy or infringe on your building or property? What are the possible claims you might submit to the appropriate court to pr...

Adequacy of Consideration

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Consideration is one of the essentials of forming a valid agreement. The consideration needs to be lawful. The Section 2(d)[1] of the Indian Contract Act, 1872 defines consideration as, "Whe...

Latest Cases Analysis Of Indemnity, Guarantee, Bailment, Pledge, Agency And P...

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Indemnity"Indemnity is defined as a mutual contract between two parties where one person promises the other to compensate for the loss against payment of premiums."[1] Indemnity has been explai...

Bailment And Finder Of Goods As A Bailee Under Indian Contract Law

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When some goods are misplaced by the original owner and subsequently found and taken possession of by another person, various legal conundrums arise. The finder of these lost goods shouldn't ha...

Fundamentals of Pleading: Order-VI

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In the court of law, pleadings serve as the case's skeleton or its basis. Pleadings are specifically covered in Order VI of the Code of Civil Procedure, 1908 and it talks about Pleadings in Gen...

Rejection of Plaint Order 7 Rule 11: Saleem Bhai v/s State of Maharashtra 2002

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Saleem Bhai And Others vs State of Maharashtra And Ors on 17 December, 2002, Appeal (civil) 8518 of 2002 AIR 2003 SC 759 Facts of The Case The appellant filed an application under order VII Ru...

Affidavit Order 19 Code Of Civil Procedure, 1908

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The term "affidavit" is not defined in the Code, it generally means "a sworn statement in writing made especially under oath or on affirmation before an authorised officer or Magistrate." An af...

Principle Of Resjudicata Under Civil Procedure Code, 1908

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Section 11 of the civil procedure code, 1908 states the principle of Res Judicata. The principle of Res Judicata bars the subsequent suits by the same parties to prevent multiplicity of litigat...

Stages of Civil Trial

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To gauge a better understanding of how the courts function in our country, it is imperative for us to understand the several stages that goes to develop a uniform procedure that is followed by ...

Law Of Contract

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Breach of contract inherent power to terminate the contract without terminate clause A contract is a legally enforceable agreement between two or more parties. Upon entering the contract, pa...

Electricity and Telegraph act

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Indian Telegraph act and Electricity ActFor the purpose of distancing state governments from tariff determination, The Electricity Regulatory Commissions Act was enacted in 1998. So as to reform ...

Order-IX

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Appearance and non-appearance of the parties is an important part of the suit which determines the result of the suit. The provisions of the code are based on the general principle that, as far...

Framing Of Issues

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"Issues are the backbone of a suit." Introduction 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, ar...

National Institute Of Mental Health And Neuro Sciences V C Parameshwara 2004-...

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Facts of the case: C Parameshwara was employed as senior pharmacist in the National institute of mental health and neuro sciences. The disciplinary committee of National institute of mental...

Foreign Judgement

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A foreign Court is defined as a court situate outside India and not established or continued by the authority of the Central Government. And a Foreign Judgment means a judgment of a foreign cou...

Hussainbhai, Calicut vs. Alath Factory Thozhilali Union, Kozhikode: Supreme C...

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Brief Facts: The petitioner in this case is the owner of factory producing ropes. He agreed with some contractors for hiring workmen in his industry. The job of contractor was to hire the work...

Drafting of an Agreement

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What is legal drafting?In simple words, drafting means preparing a preliminary version of a document. So, legal drafting can be defined as collection of law, its components, facts and other rel...

Award of Interest in Decree

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In this article the author intends to have a detailed discussion on the award of interest and division of interest as provided under section 34 of the code. "There is no definition of "interest...

Pleading And Amendment Of Pleadings: A Critical Study Along With Case Laws

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Definition Of Pleading: Rule 1"Pleading is defined as plaint or written statement."[1] According to Mogha, "Pleadings are statements in writing drawn up and filed by each party to a case, stati...

Can An Author Be Booked For Contempt For Disagreeing With A Judgment Of The H...

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The authors are always skeptical and sometimes scared in writing against a judgment, wherein they do not agree with the outcome/reasoning of a judgment of the Higher Judiciary- the High Court o...

Contractual Negotiations In The Fashion Industry; Types Of Agreements And Lic...

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Contracts/Agreements (hereinafter mentioned as "Agreements") make it to the top of the list when it comes to the effective functioning of a business, no matter what the industry is. The fashion...

Rights of Surety

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The surety in the contract of guarantee plays an important role as the whole contract lies on the surety given by him. The creditor is in a position where he enjoys the benefit of double safety...

Order/Judgment/Decree Obtained By Fraud Is A Nullity In The Eyes Of Law Liabl...

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Order/Judgment/Decree obtained by fraud is a nullity in the eyes of law liable to be set aside by any Court It is common knowledge that litigants often misrepresent before the Court in order t...

Inherent power of the courts in Civil Law

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Inherent power of the courtsAccording to section 151 of the code nothing in the Code of Civil Procedure shall be deemed to limit or otherwise affect the inherent power of the code to make such ...

Criminal Breach Of Trust Sec 405 IPC

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Criminal breach of trust is defined under Section 405 of the Indian Penal Code, 1860. This section describe it as 'dishonest misappropriation' or 'conversion to own use' another person's proper...

Case Analysis: Union of India v/s Zenith Silk Mills

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Facts of the case: Respondent 'Zenith Silk Mills' (original plaintiff in the case before the trial court) is a company. The company imported goods from foreign countries and therefore t...

The Maxim Actus Curiae Neminem Gravabit: An act of the Court shall prejudice ...

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The Maxim "Actus Curiae Neminem Gravabit" means that nobody should be allowed to suffer for the fault of the court. This is an important Latin Maxim of Equity, which has wide applicat...

Concept of Duities

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The term "duty" is derived from the word "due," which refers to an obligation. Thus, it can be termed as the responsibility to carry out an action or activity. This act or d...

Do Proceedings u/s 138 NI Act stand vitiated as loan/ deposit made in cash in...

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It is common knowledge that there is a parallel finance market where cash funds are available for a fixed period at market rate of interest, which is invariably higher than the Bank Rates. The ...

Jurisdiction

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The litigation consists of three stages, initiation of litigation, adjudication of litigation, and implementation of litigation. The last stage of litigation that is the implementation of litig...

Modern Uses Of Private Trust Part Two; Business Trust

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History This is not a completely new concept when the Indian trust act was brought into action lots of businesses operated as sole proprietorship's taking on debt and lending money to others a...

Maintainability Of Suit With Reference To Res Judicata

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Doctrine of 'Res Judicata' is a well settled doctrine in civil law as well as in common law. The principle of Res-Judicata is also called as the backbone of the Code of Civil Procedure 1908. Se...

Analysis Of Section 27 Of Indian Contract Act 1872

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All companies and organizations zealously guard their trade secrets and other information which is of confidential nature. Employers and companies are always entitled to protect their economic ...

Dissolution of Partnership

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Partnership is defined as the relation between two or more than two persons who have agreed to share the profits of a business carried on by all or any of them acting for all. When a partnershi...

Civil Liberties

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The case of people's union for the civil liberties V. Union of India. This case brings up a fabricated case as it seems to bring a controversy on the right of freedom of expression from article...

Ryland v/s Fletcher And The Rule Of Strict Liability

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A person is generally; liable for all the wrongs committed by him. However, there are certain instances where an individual can be prosecuted for an event despite taking necessary precautions a...

Does Belated Out Of Court Settlement Between The Litigating Parties Amount To...

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It is common knowledge that the parties to a case, with the intervention of friends and well-wishers or based on legal advice, enter into a compromise with the aim to put an end to vexatious en...

Triple Test/ Three Pillars For Grant Of Temporary Injunction By Courts

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It is common knowledge that plaintiffs, appellants, and petitioners apply for temporary/injunction/stay in courts but the courts are generally loathed in granting injunction although the law in...

A Study On The Contract Of Pledge

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The Indian Contract Act, 1872 deals with some specific contract, a contract that has specific features. They are distinct from the other contract. They include Indemnity, Guarantee, Bailment, P...

Dharma As Law And Justice: Increasing Religious Crimes In India

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The greatest ideal of human existence is considered to be Dharma and law which serves justice.- Lavanya Ajaykumar Panicker Abstract In ancient India, the concept of dharma evolved. Dharma is ...

Principle, Practice And Procedure Of Adjournment During The Trial Under CPC

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An adjournment may be regarded as putting off or conceding of procedures; a conclusion or dismissal of additional business by a Court, the overseeing body, or open power—either quickly or for...

A Review Of Places Of Worship Act,1991 And The Gyanvaapi Issue

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A legal dispute has arisen around the videography inspection of the Gyanvapi Mosque in Varanasi, Uttar Pradesh, with some contesting the move's constitutionality. After receiving a petition fro...

Can Unregistered Document Admissible In Evidence?

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In this article we are going to analyse the importance of documents which are to be registered mandatorily especially lease documents and about the effect of document which need to be duly stam...

Small Causes Courts

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Section 7 and 8 of Civil Procedure Code , 1908 deals with Small Causes Courts. These Courts are purely a creation of Britishers. These are civil courts per se and deals with those civil matters...

Legal Analysis Of Revision Under Section 115 Of The Civil Procedure Code, 1908

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"Jurisdiction is not given for the sake of the judge, but for that of the litigant."-Blaise Pascal In law, common law1 (also known as judicial precedent or judge-made law, or case ...

Recovery Of Pending Dues/ Safeguarding Your Credits

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We all live in an economic world where our focus is to build our business and profession and take it to the new heights. But one of the major concerns of all the Businesses, Startups and Profes...

Aatmaraksha: In Defense Of Urgent Reformation Of Archaic And Strict Indian Gu...

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"The right of self-defense never ceases. It is among the most sacred, and alike necessary to nations and to individuals." - James Monroe The United States of America (U.S.A. or USA), commonly ...

Transfer Petition: No Longer A Conundrum

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The relief sought in a 'Transfer Petition' is essentially transfer of case either from one subordinate court to another subordinate court within a particular state or from one state to another,...

Rights And Duties Of Seller And Buyer

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Most of the property cases are between family members, leading to the diffusion of the joint family into a nuclear one. Therefore, it becomes necessary to have clear views regarding the provisi...

Review under CPC

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Review is covered under S. 114 of CPC. Review means nothing but to reconsider/rethink or re examine/re-evaluate something. The term "review" refers to a court's re-examination of a pr...

Commissions

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Commissions may be issued to examine witnesses. It is discussed under Order 26. Rule 1 talks that any individual who lives within the jurisdiction of the court and who is either excluded f...

Analysis on: Temporary Injunction

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In general, the court has ample authority to issue a temporary restraining order while the case is pending. An injunction is a court order that either prohibits or compel a party to a lawsuit f...

Definition And Essential Elements Of Decree

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Section 2 (2) of the code of civil procedure, 1908 defines the term decree as following: "It means the formal expression of an adjudication which conclusively determines the rights of the...

Contingent Contract

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Method of Research The investigator employed both an empirical research technique and an analytical rescarch method. The researcher has analysed the interaction between different multinational...

Contract Of Indemnity: Rights and Liabilities Rights of an Indemnity Holder

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The first step in discussing Contracts of Indemnity and Guarantee is to define both types of Contracts. An indemnity contract is one that is formed to compensate or protect someone against loss...

An Analysis: Place Of Suing

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The term place of suing, simply refers to the location of the trial. This is covered in sections 15 - 21 of the CPC. Every court has its own monetary and geographic jurisdiction. The suit must ...

Inter-Pleader Suit

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The terms of inter-pleader litigation are covered under Order 35, s. 88 of the CPC 1908. Ordinary actions brought before the Honble court usually involve two parties: the plaintiff and the defe...

Appointment Of The Receiver

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Under order XL, the concept of receiver is discussed. The goal of appointing a receiver is to ensure that the property in question is protected. The court appoints an unbiased person with the o...

Caveat

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Caveat:In cpc, the term "Caveat" isn't specified. However, S. 148 A, a person has a right to lodge a caveat. It usually refers to a caution or a notice. It's a warning to the court no...

Is There A Conflict Between The Principle That A Creditor Is Not Required To ...

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There lies no conflict between the principal that a creditor is required to exhaust all his remedies against the principal debtor before approaching the surety and Section 141 of the Indian Con...

Essentials of a Valid Contract

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Under the Indian Contract Act, 1872 Section 2(h) (a) provides that any agreement that is enforceable by law is a contract. Agreement in simple terms, can be defined as a promise. Even though al...

Inadequacy Infrastructure In Indian Courts

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According to the Chief Justice of India, developing a strong judicial infrastructure for Indian courts has always been a secondary concern. Because of this mentality, courts in India conti...

Relevancy Of Competency Of Parties To A Contract

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In the ongoing phase of development and modernisation, people are more aware of their surroundings. They are particularly, in know, of the products and services that could help in their everyda...

A Review on: Essentials Of A Valid Contract

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India Contract Act,1872 Contract agreements are governed by the Indian Contract Act of 1872. It is the basic act controlling Indian contract law. The Act is based on English Common Law princip...

Succession Certificate and Legal Heirship Certificate

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A Succession Certificate is a document that is obtained by the successor or inheritor of the deceased person who died without writing a will. In simple words, it is obtained by the successor to...

Essentials Of Valid Consideration

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The word 'consider' originated from Latin word. Consideration is one among the most important essential of a valid contract. it's the foundation of every contract. Verified consideration are of...

Anti-Corruption Laws in India with Recent Judicial Pronouncements: A Complete...

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That corruption has always been a potential threat to the growth and prosperity of any Nation since inception, as it allows the outflow of national resources either to some foreign country in t...

The Break Down Of The Doctrine Of Res-Judicata

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The meaning of Res is Subject Matter, and the meaning of judicata is adjudged together meaning "a matter adjudged". In easier words, the thing has been concluded by the court. If the matter has...

A Critical Analysis on Framing of Issues

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In the following paper, Order XIV of The Code of Criminal Procedure, 1973, which deals with the 'framing of issues' would be critically analysed using various case laws and foreign jurisdiction...

Live-In-Relationship

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In the western country, the concept of live-in is legal but for a country like India which is still developing but its legality is still a question. Live-in relationships are one of the modern ...

Analysis Of Passing Of Property In Contract

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In the law of Sale of goods an important point of debate is that the passing of property from the seller to the buyer. Precisely, the determination of the point in a very sale's transaction onc...

Differences Between A Guarantee And A Warranty

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The primary differences between a guarantee and a warranty are: Based on meaning When a manufacturer promises a buyer that if there is any fault in the goods and services they can be replaced ...

Modern Uses Of Indian Trust Act 1882

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Decoding Mutual Funds Registered Under SEBI Mutual funds are registered under the Indian trust act 1882. They are private trusts that are publicly traded on the stock exchange. To understand ...

The Amendment For Infrastructure Projects In Specific Relief Act

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The Specific Relief Act was originally introduced and enacted in the year 1877 while India was under the British, which was replaced in the year 1963. The Specific Relief Act, 1963 is an Act of...

Gyanwapi Mosque

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Gyanvapi mosque, located close to the iconic Kashi Vishwanath temple in Varanasi, is currently coping with a legal war. A close by court docket docket ordered the sealing of a pond withinside t...

Different Identities of an NDA

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NDA stands for Non-Disclosure Agreement whichis utilised to safely share personal data and information which is confidential such as trade secrets and inventions that are unpatented, with anoth...

Agreements Opposed To Public Policy

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Section 2 (g) of the Indian Contract Act 1872 states that "an agreement enforceable by law is a contract." The agreement has to be valid and should have fulfilled certain requirements before it...

Farm Bill 2020: A Mysterious Movement In India

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As a large state like India with huge diversity where approx, 58% of the population depends on primary sector, agriculture is among the one way for their livelihood and their survival. India is...

Law Of Limitation: Is It Exhaustive?

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"Interest Reipublicae Ut Sit Finis Litium" which means that in the interest of the state as a whole there should be a limit to litigation and "vigilantibus non dormientibus Ju...

An Analysis Of The Law Of Civil Contempt

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The administration of Justice is the most essential postulate of any civilized society, and justice cannot be rendered without the fear of sanction". The administration of justice cannot only b...

Cross examination in Contempt Petition

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When a matter is yet to be finally adjudication, it is appropriate to pass any order in a collateral proceeding like any contempt proceeding emantaring out of that? It is appropriate to enterta...

Analyzing the Price The Non-Smokers Are Paying For the Actions Of The Smokers...

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It is axiomatic that tobacco smoking is hazardous to health. According to the World Health Organization, tobacco consumption is one of the leading causes of death, illness and impoverishment in...

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