May 27, 2020May 27, 2020

Let us first learn Law relating to Liquidated damages in India. Section 73 in The Indian Contract Act, 1872 Compensation for loss or damage caused by breach of contract.—When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for…

May 12, 2020May 12, 2020
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Definition: Code of Civil Procedure,1908 definition of Legal Representative reads as under:Section 2 (11)“legal representative” means a person who in law represents the estate of a deceased person, and includes any person who inter-meddles with the estate of the deceased and where a party sues or is sued in a representative character the person on…

May 12, 2020May 12, 2020
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Law Commission 181st Report suggested amendment to the Section 106 of Transfer of property Act,1882. While Submitting Report in May,2002 Law Commission observed that, “ The recommendations have been made with a view to remove serious injustice and prevent multiplicity of litigation in the country. We hope that the recommendations in this Report will go…

April 19, 2020May 22, 2020
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Discretionary Powers of Governor for appointment in Legislative Council is absolute or subject to advice of Council of Ministers Recently a question was asked with identical facts happening in a State where Council of Minister passed Resolution for nominating a member in Legislative Council, whether the same is binding upon Governor or he can refuse…

April 10, 2020April 10, 2020
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Laws involved: Contract Act,1872 and Transfer of Property Act,1882 Contract Act, 1872 S.32 ENFORCEMENT OF CONTRACTS CONTINGENT ON AN EVENT HAPPENING.—Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become…

March 29, 2020March 29, 2020
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In wake of Wuhan Virus Government of India notified following Office Memorandum. No. F. 18/4/2020-PPD Government of India Ministry of Finance Department of Expenditure Procurement Policy Division Subject: Force Majeure Clause (FMC) Attention is invited to para 9.7.7 of the “Manual for Procurement of Goods, 2017” issued by this Department, which is reproduced as under:…

March 20, 2020March 20, 2020
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 Section 48 of the Arbitration Act, 1966 reads as follows: 48.Conditions for enforcement of foreign awards.— (1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that— (a) the parties to the agreement referred to in…

January 30, 2020January 30, 2020
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It is a very valid question that arise in mind in today’s scenario. When a State Government orders recitation or Preamble that it is incumbent Duty and responsibility of the Government to teach the correct status and history of our PREAMBLE. The draft Preamble was considered by the Assembly on October 17, 1949. Shiva Rao…

January 6, 2020January 6, 2020
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To understand this question, we need to go back to history. Post-World War II World War II started in 1939 and lasted till 1945. It saw genocide, concentration camps and slave labour. Aftermath of this war was very serious. Japan was the biggest sufferer. During this period there was need felt to have  an institution…

December 4, 2019December 4, 2019
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In a Writ Petition before Bombay High Court, Petitioner challenged the Trial Court order passed under Section 101 of the Maharashtra Co-operative Societies Act, 1960 which was rejected by both the Trial Courts even in Appeal on the ground inter-alia that no due notice of dishonor of Bill of Exchange was given by the Petitioner…