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Order 37, CPC, Summary Suits
Published : April 23, 2013 | Author : akshat759 | Rating :   |
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 CPC: Civil litigation, especially recovery suits generally termed to be a long drawn battle and regarded as something best avoided, is not so. The general belief that by filing a recovery Suit against a Debtor...
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Res Judicata - A Brief Study
Published : March 16, 2013 | Author : arnav.upes | Unrated |
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 The concept of Res Judicata finds its evolvement from the English Common Law system, being derived from the overriding concept of judicial economy, consistency, and finality. From the common law, it got included in the Code of Civil Procedure,1908 and which was later as a whole was adopted by the Indian legal system....
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Ingredients of Decree and related judicial cases
Published : October 11, 2012 | Author : Akash Shah | Unrated |
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| Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144...
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Effect of not Duly Stamped Instrument
Published : October 11, 2012 | Author : Akash Shah | Unrated |
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| My topic is penalty imposed on not duly stamped instrument. Their various provision in the Indian stamp Act regarding the penalty. The penalty is imposed by the collector as he is executive magistrate. When any instrument is not duly stamped penalty is imposed as per rules of law....
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The Deed of Mortgage
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated |
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 In India, section 55 of the Transfer of Property Act,1882 explains for the relevant convenants and under section sub section 2 of section 55 of the Transfer of Property Act,1882, the benefit of the covenants run with the land and can be enforced by the transferees for time to time...
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Succession Certificate
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated |
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| A succession certificate, strictly speaking, does not effect adjudication of title of the deceased far less than that of the holder as regards the debts and securities covered thereunder. Yet, simply to afford protection to the parties paying the debts...
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Disposal of Civil Cases: Perestroika
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated |
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| According to recent reports over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. In subordinate courts, Uttar Pradesh again topped the number of pending cases...
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Framing of Issues
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated |
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| When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material propositions are those propositions of law or fact...
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The Law Relating To Injunctions
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating : |
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| The granting of perpetual Injunctions is regulated by the Specific Relief Act, while temporary or, as they are sometimes called, interlocutory Injunctions, which are simply intended to preserve the status quo pending the decision, and which may be granted at any period of a suit, are treated as of the nature of procedure and are therefore regulated by the Code...
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Guiding Principles for Appointment of a Receiver
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated |
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| Receiver , chancery practice. A person appointed by a court possessing chancery jurisdiction to receive the rents and profits of land, or the profits or produce of other property in dispute. The power of appointing a receiver is a discretionary power exercised by the court. the appointment is provisional...
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The Deed Of Gift
Published : June 01, 2012 | Author : YSRAO JUDGE | Rating : |
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| A voluntary transfer of personal property without consideration. A parting by owner with property without pecuniary consideration. A voluntary conveyance of land, or transfer of goods, from one person to another, made gratuitously, and not upon any consideration of blood or money . Section 122 of the Transfer of Property Act, 1882 defines 'GIFT...
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Execution of A Will
Published : June 01, 2012 | Author : YSRAO JUDGE | Unrated |
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| The process by which a testator's Will is made legally valid is known as Execution of Will. A Will is a legal document, signed in compliance with the various formalities covered by the legislation. It is the expression of the testator's wishes concerning how his/her property is to be distributed. It is the only way one can ensure his/her assets will be distributed according to his/her wishes after his/her death. It should be in written, however it may be either handwritten, or printed, or typed. The testator must sign at the end of the Will. It must be witnessed by at least two persons present at the time of signing by the testator....
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What Deeds Are To Be Registered Compulsorily
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating : |
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| The real purpose to register a deed is secure every person dealing with any property against fraud and to maintain a public register. It is very essential to see that the officer is duly competent to register a document and that the document is not presented to unqualified or a wrong registration circle, as otherwise such registration would be of no use or validity....
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The Outlook of Land Acquisition Bill
Published : May 25, 2012 | Author : ranganathvg@legalserviceindia.com | Unrated |
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 Land acquisition refers to the process by which government forcibly acquires private property for public purpose. The Land Acquisition Act, 1894 (1894 Act) governs all such acquisitions. Additionally, there are 16 Acts with provisions for acquisition of land in specific sectors such as railways, special economic zones, national highways...
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| Random Pick |
The case study focuses on the breakup of the joint venture agreement between LML Ltd., and the Italian automobile major, Piaggio. The case deals with the various developments that led to the break-up... |
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