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CONTENT OF A SALE DEED
A sale deed is a legal document that serves as evidence of the transfer of ownership of a property from the seller (also known as the vendor) to the buyer (also known as the vendee). It is an important document in real estate transactions and establishes the legal rights and obligations of both parties involved. The sale deed contains detailed inf...
SPECIAL SUITS UNDER CPC
INTRODUCTION It is frequently observed that the technique set forth for all suits is the same and uniform. But there are some cases that have unique circumstantial arrangements and need a certain course of action. These fulfil the protocol requirement set forth for special suits. This procedure is covered by the provisions of Sections 79 to 93 ...
A BALANCE PERSPECTIVE OF COMPARATIVE ADVERTISEMENT: UTILIZATION AND RISK
INTRODUCTION Comparative advertising is the practise of directly or implicitly naming competitors in an advertisement or comparing at least one explicit attribute. But in some cases, it has been used by the same parent company for its two separate subsidiaries. Generally, advertisers utilize comparative advertising primarily to advance their item ...
Everything on Attachment of Property in Execution Proceedings
Attachment of property in execution proceedings is a process used to satisfy a judgment. It is a procedure by which a judgment creditor can enforce a judgment against a judgment debtor. In some states, attachment of property is referred to as “garnishment.” In other states, attachment of property is referred to as “execution.” Attachment of propert...
Types of Civil Jurisdiction under Code of Civil Procedure, 1908
Introduction The Code of Civil Procedure, 1908 (CPC) is the primary legislation governing civil procedure in India. It is a procedural law for the adjudication of civil disputes and provides for the regulation of civil proceedings in India. It is divided into two parts – Original and Appellate. Part I of the CPC deals with the Original Civil Juris...
Understanding Suit for Recovery of Money under Code of Civil Procedure, 1908
Introduction The Code of Civil Procedure, 1908 (CPC) is a procedural law of India that governs how civil suits are instituted and decided in India. It contains provisions regarding how a suit can be instituted, what are the procedures to be followed while deciding a case and how to proceed with execution of a decree. The CPC also contains provision...
Summary Suit and its Procedure under Code of Civil Procedure, 1908
Introduction A summary suit is a special procedure for the speedy disposal of civil suits, provided for in the Code of Civil Procedure 1908. The purpose of the summary suit procedure is to dispose of cases where the amount of money involved is not large and the claim is not of a complicated nature. Summary suits are intended to provide a more exped...
Understanding Bank Nationalization and Its Impacts
THE NATIONALIZATION OF BANKS The first financial institution in India to be nationalised was the Reserve Bank of India, which occurred in January 1949. Furthermore, 14 different banks had been nationalised in July 1969. Bank of India, PNB, and plenty of others have been a part of this nationalization. While the subsequent section of nationalisat...
RIGHTS OF TENANT IN CASE OF EVICTION SUIT BY LAND-LORD
INTRODUCTION: In India, whenever renting/leasing out of property takes place, there is involvement of rules/ regulations under law. Therefore, involvement of rent agreement is essential in order to have all the terms and conditions of the tenancy and also listing out their rights and obligations. There a valid rental agreement must be in wri...
MISUSE OF MEDIA TO SPREAD MISINFORMATION
INTRODUCTION Sun Tzu, one of the greatest military strategists of all time, once said, “The supreme art of war is to subdue the enemy without fighting.” Propaganda as a tool to subdue enemy forces has been practiced since ancient times. However, when this principle is applied in modern times, it implies that misinformation, propaganda, and fake ne...
Press freedom in India is at a new low. How is it calculated, and why is this happening?
HUMBLE BEGINNINGS India's first tryst with media was in 1780, when an Irishman, Augustus Hicky, published the first newspaper, the Bengal Gazette. Interestingly, the birth of censorship also took place not long after the edition was published. In 1782, Bengal Gazette was seized for being too critical of the British Raj. In 1878, The Vernacular P...
Recovery | Summary Suits | Commercial Courts Act
INTRODUCTION The promulgation of complete lockdown in the year 2020 as a result of the induction of covid-19 virus in the world, had brought drastic changes to the regime and culture of litigation. With the view to protect the rights of litigators and the professionals from getting affected by the stoppage of the state machinery, the changes like ...
Pre-Institution Mediation | Commercial Courts Act, 2015
INTRODUCTION: The adjudication of commercial disputes in the civil courts is a tiresome and lengthy procedure. The long-pending commercial litigations in India had mentally harassed and frustrated the litigants by keeping them longing for the court’s award. Hence, to address these issues and provide for speedy and productive remedies in all commer...
Twitter Compliance Story
Criticism against leaders and policies are instructed into the system with freedom of speech and is highly accepted, but none holds an obligation to defame a country. There is what the line has to be drawn because under the garb of “virodh” stroking of communal unrest is witnessed. For the last decade or so there was no political will to enforce...
Mulling over IT Rules 2021
THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021, WERE ISSUED BY THE MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, AND THEY REPLACED THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011. COMPOSITION THE REGULATIONS ARE SEPARATED INTO THREE SECTIONS, THE FIRST OF WHICH DEALS WITH ...
Brief on Cyber Security & associated Laws
In recent times the internet has started playing an important role in everyone’s life. Everything is available online from the daily necessity to shopping at your doorstep in just no time. As global digitalization rises companies and government organisations opted to run operations online. As cyberspace raises problems and dangers associated with c...
LEGAL COMPLIANCE YOU SHOULD KNOW BEFORE OPENING A RESTAURANT
An eatery or a restaurant could be a put where individuals can sit and eat their suppers in trade for cash. Everybody likes to eat something unique once in a whereas, what can be the most excellent put like an eatery. There's no question that it may be a booming commerce which can never be in misfortune in the event that the quality of benefit and ...
Arbitration Amidst Covid-19
EFFECTS OF COVID-19 ON ARBITRATION OCCUR IN VARIOUS WAYS, RANGING FROM AN INCREASED USE OF VIRTUAL HEARINGS AND ONLINE DOCUMENT SHARING FOR PENDING AND NEW ARBITRATIONS IN THE ARBITRAL TRIBUNAL. INTRODUCTION The world is reeling under the effect of Covid-19, a worldwide pandemic that has caused lockdowns in numerous nations. With the episode g...
New Vehicle Scrappage Policy,2021 in India
The Prime Minister of India Mr Narendra Modi, while addressing the investor summit in Gujarat 2021 introduced and launched the vehicle scrappage policy with the objective of phasing out old and unfit vehicles in an environment-friendly manner. The main aim behind launching the vehicle Scrappage Policy is to establish a circular economy and take In...
UP's Population Bill- Incentives, Disincentives, Criticism
Introduction India, the second most populated country in the world, holds the current population of 136.64 crores. According to an UN report in 2019 India will surpass China as the world’s most populous country by 2027. {The Article aims to disucuss - UP population bill, UP population control bill, population control bill UP, population bill, po...
"Why UP's Population Control Bill Facing Strong Backlash" By Lawyered
Uttar Pradesh state law commission has prepared a draft bill to control, stabilize, and welfare the population. The main goal of this bill is to bring down the total fertility rate in the state from 2.7 to 2.1 within the next decade. This draft bill has five chapters with several sections in each chapter. Chapter 2 of this bill deals with the incen...
Everything you Should Know About Section 144
Section 144 of CrPC is an unsolicited accord by the colonial rulers to the Indian administrations. It grants the power to a magistrate of any sort to issue the order in urgent cases of nuisance or apprehended danger. This is said to prevent any unlawful assembly of more than 5 people, if such assemblage is found, all the people involved can be impr...
"Dowry Harassment Section 498A" By Advocate Tabassum Sultana
CO-AUTHOR- DOLLY CHOUHAN Section 498 a was introduced in the Indian penal code through an amendment in 1983. It was done in order to protect women from cruelty against her husband and in-laws. It states that 498A. Husband or husband’s relative of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woma...
"Child Custody" By Advocate Tabassum Sultana
Co-Author- Dolly Chouhan Child custody is basically the guardianship of the child legally and physically, which bestows upon the parent, the right to make decisions concerning the life of the child and the responsibility to provide for the child and take care of it. The custody is usually joint when the parents are married but the question of sing...
"Can Convict under POCSO be eligible for parole?" By Dhruvik Patel
The Protection of Children from Sexual Offences Act was enacted in 2012, and it was a special law to protect the children from any explicit act. The Act is usually referred to as the POCSO Act. Any individual below eighteen years of age in this Act is referred to as a child and is protected from sexual assault, sexual harassment and pornography whi...
General provisions relating to adjournment #AMALawyered by Adv. Mahesh Dhannawat
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Mahesh Dhannawat, Advocate
"White Collar Crimes" By Lawkhart Legal
Displaying [https://lh4.googleusercontent.com/AwEz10qwBdZEDdsMyznBRcsXLAadpctUmRoZY7oYcNXAD9yj9KSg7h59Aciv7Br2Cx2M5m-R529xt2SRoOAJnJUkvW8FFSCVbubGtQvt9K0k8DMIVa_qyu5qrKHENG-lvaSpr6m1nfMhyerllQ=w1366-h578] Co-Author -- Aditi Das Allegedly coined in 1939, white-collar wrongdoing is presently synonymous with the total run of fakes committed by co...
"Divorce Under Marital Laws" By Sangeetha Narayanaswamy
Divorce is the method of partition through legitimate mediation. A decree of separate that's allowed by the family court or nearby area court permits for the partition of the parties as the marriage has been broken down. Once the divorce is allowed, the parties are free to remarry, if so they wish. Separation in India is administered by individual ...
Are sentences in India to be served concurrently or consecutively? #AMALawyered by Adv. Sandeep Duggal
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sandeep Duggal [https://www.lawyered.in/lawyer-profile/sandeep-duggal-2333/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: Are sentences in India to be served concurrently or consecutively? Lawyered [https://lawy...
My boss picks on me in front of my colleagues a lot. #AMALawyered with Adv. Sandeep Duggal
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sandeep Duggal [https://www.lawyered.in/lawyer-profile/sandeep-duggal-2333/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: My boss picks on me in front of my colleagues a lot When I take it up with him - he says that he w...
I have fought with my husband. Can I leave his house and reside with my parents? #AMALawyered with Adv. Sandeep Duggal
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sandeep Duggal [https://www.lawyered.in/lawyer-profile/sandeep-duggal-2333/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: I have fought with my husband. Can I leave his house and reside with my parents? Lawyered...
I bought a product which promised certain results. I did not see them. I feel duped. Do I have any rights? #AMALawyered with Adv. Sandeep Duggal
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sandeep Duggal [https://www.lawyered.in/lawyer-profile/sandeep-duggal-2333/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: I bought a product which promised certain results. I did not see them. i feel duped. Do I have any...
"Landmark Cases: Chennai High Court" By Prakash Paul
Co-Author- Aditi Das 1. Tamil Nadu Public Service Commission, rep. by its Secretary Vs. R.Manikandan and others [2011 (5) CTC 1] The address as to “Whether the Tamil Nadu Open Benefit Commission may confirm the validity of the Community Certificates for choice or their control to test the rightness of the information given within the certificates...
What Type of Cases are Decided Under Civil Law?
What Type of Cases are Decided Under Civil Law? 5 Common Types of Cases decided under Civil Law Co-Author- Aditi Das 5 Common Types of civil cases Co-Author- Aditi Das Lawyered is your one-stop destination for understanding the different types of civil cases, civil law, civil suits in India, and what type of cases are decided by civil law. Th...
"Family Law In India" By Prakash Paul
India could be a common nation, and a wide number of religions are unreservedly drilled. The major religions polished incorporate Hinduism, Islam and Christianity. Individuals solemnize relational unions in understanding with devout customs and ceremonies, which are generally codified by statutory individual laws. Hence, the marital laws in India, ...
"Motor Vehicle Act - India - Insurance Policies/Claims/Accidental Claims" By Abhimanyu Batra
(NOTE: The Motor Vehicle Act, 1988 is used as Motor Vehicle Act for Accident, 1988 in some places in this Article) INTRODUCTION: What Motor Vehicle Accident Law? Every year around 1.51 lakh people die in road accidents. This sometimes happens because of their fault, or sometimes because of the fault of others, they have to pay. But when a person...
"Electronic Evidence And Its Admissibility" - By Kushal Sarkar
CO-AUTHOR- ADITI DAS The 21st century introduced a digital revolution where the utilize of computers got to be greatly vital and common. Individuals were progressively exchanging to computers as a computerized capacity arrangement for their domestic and trade needs. Maybe nothing symbolizes the beginning of the Indian digital revolution superior t...
#MentorHours by Lawyered on 'From initiation to disposal: The lifecycle of a civil suit'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'From initiation to disposal: The lifecycle of a civil suit'. The webinar was conducted by Advocate Monika Tyagi [https://www.lawyered.in/lawyer-profile/monika-tyagi-1563/], Ma...
Cheque Bouncing: Causes & Solutions
A cheque is an unconditional order addressed to a banker, signed by a person who has deposited money with a banker, demanding a certain amount of money to be paid on request only by order of that person or by order of the instrument bearer. (Or) A cheque is a document that orders a bank to pay the individual on whose behalf the cheque has been is...
Lex Comply- Knowledge Dossier (23 September 2020)
* Arms Act 1959 and Arms Rules 2016 10-09-2020 * Order No. 21-Addl.-PM-2020- Automatic extension of licences-permissions that are due for expiry till 31.10-2020 West Bengal [https://lexcomply.com/pdfview3.php?file=9047] * Boilers Act, 1923 11-09-2020 * Notification No. G.S.R. 551(E)- Indian Boiler (Second Amendment) Regulat...
Analysis Latest Decision SC Equal Coparcenary Rights Daughter HUF
By Dr.gubbi subba Rao The fact ‘right to property’ is important for the freedom and development of a human being has remained constant through ages. In India, property laws have been framed based on the customary laws prevalent which was patriarchal in its very essence. Laws were amended time and again to accommodate the changes based on the chan...
Procedure To Appoint A Legal Guardian For A Person Under A Vegetative Condition Or Coma
In its recent judgement in Vandana Tyagi Vs Government Of National Capital Territory Of Delhi (2020), Delhi High Court has reiterated the guidelines laid down by a division bench of the Kerala High Court (Shobha Gopalakrishnan Vs. State of Kerala and Ors., 2019) on how to deal with cases regarding the appointment of a legal guardian for comatose p...
Monthly Legal Bulletin September 2020
LABOUR LAWS * Consult before amending the Karnataka Industrial Employment (Standing Orders) Rules: Karnataka High Court The Karnataka High Court directed the State Government to file a statement regarding the consultation done before amending the Karnataka Industrial Employment (Standing Orders) Rules. Hearing a PIL questioning the constitut...
Employment During The Times Of Covid 19 By Darpa Pattnaik
EMPLOYMENT DURING THE TIMES OF COVID-19 Author: Darpa Pattanaik Introduction Since the outbreak of the COVID-19 pandemic in India, the unprecedented nationwide lockdown mandating the closure of commercial, private and industrial establishments (with limited exceptions) has been extended from time to time since 24.03.2020. The COVID-19 pandemic r...
“Life of a Lawyer Living With The Covid Beast" By Advocate T S Sarath
2020 has been a revolutionary year of sorts globally and the legal world has not been left untouched by the pandemic. During the initial days when the covid beast had just begun to flex her mouth to spew venom, we, lawyers, considered ourselves immune to it or the problem appeared to be too far-sighted for us to worry. Even when the pandemic loomed...
Contempt Of Court By Swantana Agarwal
DEFINITION 'Contempt of Court' is an offence which implies being disobedient to or disrespectful of the Court of law and its judges or magistrates. It is a form of illegal behaviour that opposes the authority, justice and dignity of the Court. It comes under the offence known as "Contempt of Court" when a person breaks any rule or regulation of a ...
A Legal Professional’s Nightmare By Abhinav Ramkrishna
Introduction The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who were passionate about the environmental issues, etc. Public interest Litigation (P...
Mental Health In The Legal Profession: Recognising And Dealing With Professional Burnout
[https://ci3.googleusercontent.com/proxy/IhlpsletVJ8-4U-Gt0szxp3SYMpw290kHgCVpcaQdfuI4NTUl6m9VGIh9s98DnxX3xpG2eU19ucIl7L3glDu98ZUm26y4V50-q1c6ydJapVjURlfxoRCzdE3JjR5Sd7gq80ImyLizG1e6rZU1vnWMaw=s0-d-e1-ft#https://docs.google.com/a/mvlawpartners.com/uc?id=0ByFb7eDiWkkfR1R3THhWZU0yaFU&export=download] By Medhavin Bhatt And Anjana Sridharan Every ...
Investment Frauds By Investment Advisors by Aashish Srivastava
'Investments are made to ensure a secure future'. We often hear this phrase and are tempted to make 'secure investments' through investment advisories. However, if these investment advisors operate with malafide intent, we may lose our hard-earned money. In such a situation, it is important to remain aware and alert of fraudulent investment advisor...
Injunction By Advocate Tushar Vashi
Author - Tushar Vashi WHAT IS AN INJUNCTION? An injunction is a legal solution imposed by the court. In other words, an injection is the court's stay order which forces either of the party to do a certain action or refrain from doing specific things. In certain situations, when a person is getting bothered because of another person's action, an...
Law of Torts in India | Sec 28 of Indian Contact Act
LAW OF TORTS IN INDIA - SEC 28 OF INDIAN CONTACT ACT OVERVIEW: TORT: Tort is a civil wrong committed (act or omission) by a person for which no other law provides a remedy. Thus, keeping such miscellaneous instances in mind, Law of Torts came into existence. It ensures that nobody is deprived of justice in any aspect. Some instances of torts a...
Can I Withdraw an Affidavit Once Filed?
{This Article discusses: can you withdraw an affidavit, withdrawal of affidavit, affidavit meaning, deponent, affidavit for withdrawal of court case, can you withdraw a witness statement, affidavit of withdrawal of documents} Author - Monil Punjabi The most vital aspect of a case is, proving it. This is done by leading evidence and standing th...
Retailer And Manufacturer, Money Recovery & Commercial Courts Act - Understanding with the help of an Illustration
A is a reputed retail tyre dealer in Jaipur, Rajasthan; B is a Car Manufacturer in Indore, Madhya Pradesh; A and B being the retailer and manufacturer respectfully, have a very healthy business relationship acquired over 3 decades with a turnover of several lakhs. During the internal audit in September 2019, A noticed that particular invoice of Ja...
Understanding Commercial Courts Act with the help of illustration
A is owner of a premises where B is a tenant, running a hotel business; a registered lease is executed between A and B in respect of the premises; B is now a defaulter in payment of rent as cheques issued by him towards payment of rent are dis-honored; repeated reminders by A have been of no avail, consequently the arrears of rent of Rs 5,00,000....
Commercial Courts Act 2015 & Pre Institution Mediation | Meaning & Laws in India
COMMERCIAL COURTS ACT, 2015 & PRE-INSTITUTION MEDIATION - PARADIGM SHIFT IN CIVIL JURISPRUDENCE The Central Government has enacted COMMERCIAL COURTS ACT, 2015 to adjudicate all Commercial Disputes, in order to achieve global economic environment; the tremendous economic development has ushered in enormous commercial activities including foreign ...
Corporate Social Responsibility - A Tool For Sustainable Development
Author - Anindya Mazumdar (Partner), Advocate Adapa V SubbaRayudu (Sr. Associate) Firm - SINGHANIA & CO. LLP [https://prod-lawyered.s3.amazonaws.com/media/blogHome/articleImages/man-middle.png]In this paper the author explains how CSR can be utilized for sustainable development. The author explains about Corporate Social responsibility (CSR) and...
What The calcutta HC held On Anti-suit Injunction passed By Courts In Relation To foreign Arbitral Proceedings
Author - Ajay Gaggar A Division Bench of the Calcutta High Court held that an anti-suit injunction which was passed by an Indian court staying a foreign arbitral reference and the following enforcement of such foreign award, is without jurisdiction and held towards being non est, if later vacated through a superior court. Relating to this, a matt...
Liquidated Damages
Author - Advocate Palak Nenwani The Black’s Law Dictionary defines ‘Liquidated Damages’ as “An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by one party if the other party breaches; also If the parties to a contract have agreed on Liquidated Damages, the sum fixed is the measure of damages for a brea...
Bank Penalized For Non-acceptance Of Traveller's Cheque
Author: Advocate Vinayak Srivastava American Express bank has been penalized for non-acceptance of traveller's cheques by a consumer court and has been directed to pay a compensation of Rs 3 lacs to the complainant. Complainant Suresh Srivastava, Secretary-General of Indian Federation of UN Association, approached NCDRC stating that travellers' c...
What Are The Implications of "Undue Influence" by Advocate Kashu Shubhamoorthy
Author - Advocate Kashu Shubhamoorthy Relevance of the doctrine The law describes the doctrine of undue influence. The laws on undue influence can protect or misused by any contracting party, the same way as any other law. The ideology behind the enactment of laws and regulations is to protect the victim and not deter people from helping one anot...
Importance of Sports Law by Advocate Karthik Raghavan
Author - Advocate Karthik Raghavan and Associate Debasmita Patra The whole concept of Sports Law is at a nascent stage in India. It is nothing but an amalgamation of Labour Law, Contract Law, Competition Law, Intellectual Property Rights Law, Anti-Trust Law and various other fields. From a sporting context, it is applicable to public order, drugs,...
Companies (Amendment) Act, 2017
Companies (Amendment) Act, 2017 BACKGROUND The Companies Act, 2013 was one of the most significant legal reform in India, enacted aiming to bring accountability, disclosure, investor protection and corporate governance and to harmonize with global practices. Authority has received several representations from various stakeholders consequently Min...
Cheque Bounce Case: All You Need To Know
The Indian government launched a program named ‘Digital India’ in 2015. After the implementation of this program, a sector that underwent major change was the banking sector. Every bank in the country was made available on our finger tips. Even though this program is implemented on a large scale, many people prefer going traditional ways like going...
New driving laws approved by the cabinet. Heavy penalty for drunken driving.
With 400 deaths recorded on a daily basis, the Indian road network saw a total of 1.46 lakh deaths in 2015 alone. That’s more than the death toll of all Indian wars combined. In an attempt to reduce these horrific figures by nearly 50% by 2020, the Union Cabinet after much debate has approved the Motor Vehicles (Amendment) Bill 2016. Said to be on...