Civil Cases

Jan222016

A noncriminal lawsuit, usually involving private property rights. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.

Categories: CIVIL CASES, Legal ArticlesBy Hind Advocates January 22, 2016 133 Comments

Author: Hind Advocates

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IS PROSTITUTION LEGAL IN INDIA?

Prostitution is derived from the Latin word prostituere, which means to expose publicly. It is the practice of engaging in relatively indiscriminate sexual activity with someone who is not a spouse or friend in exchange for immediate payment in money or other valuables. Prostitutes can be female, male, or transgender, and prostitution can involve heterosexual…
CORRUPTION IN ARBITRATION

Who is a corrupt Arbitrator? An arbitrator who, induced by personal gain and who disregards the duty of neutrality to influence the outcome of an arbitration submitted to his or her consideration. Notion on personal gain The word personal gain is to be broadly construed. It includes the prospective monetary and non-monetary rewards. The…
Requirements for Winding up A Company

Winding up is the process of bringing a company’s life to an end and administering its assets for the benefit of its shareholders and creditors. A company or business may wind up for a variety of reasons, including insolvency or bankruptcy, the death of promoters, or mutual agreement among stakeholders. There are two kinds of…
Recent Changes In Section 498A

In 1983, Section 498-A was enacted to safeguard married women from cruelty by their husbands or family members. It prescribes punishment for 3 years and a fine. Under this section, cruelty is defined as causing physical or mental harm to the woman’s body or health, as well as engaging in harassment in order to coerce…
Must know Facts About Insurance Claims

An insurance policy, also known as a contract of adhesion Insurance coverage is a contract that takes the form of a policy. This policy protects an individual’s financial risks as a result of unforeseeable events. The policyholder is the insured. The insurer is also known as the insurance provider, insurance carrier, or underwriter. They provide…
Query: Can Indian Parties choose a Foreign Seat for Arbitration

Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
Query : Is reservation in promotion a Fundamental Right?

Reply: Reservation in promotion in public posts cannot be claimed as a fundamental right, the Honorable Supreme Court reiterated in a judgment recently. A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State Governments are not bound to make reservations. Even the courts could not issue a Mandamus directing States to…
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.

Answer: Issuance of security cheques is a good defense which is also legally acceptable. But, you have to prove that the cheques in qestion were given by way of security and the same have been misused by the complainant. As there is a presumption under section 139 of Negotiable Instrument Act that there exists a…
Directions on Motor Accident Claims by Supreme Court

The Hon’ble Supreme Court of India in its Judgment titled as Bajaj Alliance General Insurance Company Ltd. v/s Union of India & Ors Writ Petition No.534/2020 dated 16.3.2021 passed a number of directions regarding disbursement of compensation as well as speedy disposal of cases pending before the various MACTs. These directions are reproduced below: …
Does Educational Institutions fall within the ambit of the Consumer Protection Act, 1986

Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency…

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IS PROSTITUTION LEGAL IN INDIA?

Prostitution is derived from the Latin word prostituere, which means to expose publicly. It is the practice of engaging in relatively indiscriminate sexual activity with someone who is not a spouse or friend in exchange for immediate payment in money or other valuables. Prostitutes can be female, male, or transgender, and prostitution can involve heterosexual…
CORRUPTION IN ARBITRATION

Who is a corrupt Arbitrator? An arbitrator who, induced by personal gain and who disregards the duty of neutrality to influence the outcome of an arbitration submitted to his or her consideration. Notion on personal gain The word personal gain is to be broadly construed. It includes the prospective monetary and non-monetary rewards. The…
Requirements for Winding up A Company

Winding up is the process of bringing a company’s life to an end and administering its assets for the benefit of its shareholders and creditors. A company or business may wind up for a variety of reasons, including insolvency or bankruptcy, the death of promoters, or mutual agreement among stakeholders. There are two kinds of…
Recent Changes In Section 498A

In 1983, Section 498-A was enacted to safeguard married women from cruelty by their husbands or family members. It prescribes punishment for 3 years and a fine. Under this section, cruelty is defined as causing physical or mental harm to the woman’s body or health, as well as engaging in harassment in order to coerce…
Must know Facts About Insurance Claims

An insurance policy, also known as a contract of adhesion Insurance coverage is a contract that takes the form of a policy. This policy protects an individual’s financial risks as a result of unforeseeable events. The policyholder is the insured. The insurer is also known as the insurance provider, insurance carrier, or underwriter. They provide…
Query: Can Indian Parties choose a Foreign Seat for Arbitration

Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
Query : Is reservation in promotion a Fundamental Right?

Reply: Reservation in promotion in public posts cannot be claimed as a fundamental right, the Honorable Supreme Court reiterated in a judgment recently. A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State Governments are not bound to make reservations. Even the courts could not issue a Mandamus directing States to…
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.

Answer: Issuance of security cheques is a good defense which is also legally acceptable. But, you have to prove that the cheques in qestion were given by way of security and the same have been misused by the complainant. As there is a presumption under section 139 of Negotiable Instrument Act that there exists a…
Directions on Motor Accident Claims by Supreme Court

The Hon’ble Supreme Court of India in its Judgment titled as Bajaj Alliance General Insurance Company Ltd. v/s Union of India & Ors Writ Petition No.534/2020 dated 16.3.2021 passed a number of directions regarding disbursement of compensation as well as speedy disposal of cases pending before the various MACTs. These directions are reproduced below: …
Does Educational Institutions fall within the ambit of the Consumer Protection Act, 1986

Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency…

Show All

Author: Hind Advocates

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