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- Words and Phrases

IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CIVIL

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CIVIL

All the rules of procedure are the handmaid of justice.

CIVIL

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

Home Category CIVIL

CIVIL

Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family.

CIVIL

Hindu Joint family – To establish reunion it is necessary to show not only that the parties already divided, lived or traded together, but that they did so with the intention of thereby altering their status and of forming a joint estate with all its usual incidents.

There was partition in the family in the year 1903 as a result of which the father with his second...

CIVIL

Hindu Joint family- Reunion – When it happens it must be strictly proved as any other disputed fact is proved.

If a joint Hindu family separates, the family or any members of it may agree to reunite as a joint...

IPC, S. 84 – Where Exception under Sec.84 is claimed

CIVIL

Special Marriage Act, 1954 – Waiver of waiting period

Special Marriage Act, 1954, Section 25(i) and 25(iii), 28 - Waiver of waiting period - Petition filed seeking annulment of...

CIVIL

CPC, O. 5 R. 1, O. 9 R. 1, 6 – Civil Court shall not proceed to pass ex parte Judgment within 30 days from the date of service of Summons in Suit – Ex parte decree passed within 30 days of summons would be in breach of O. 5 R. 1, C.P.C. – Set aside

Civil Procedure Code, 1908 (V of 1908), Order 5 Rule 1, Order 9 Rule 1, Order 9 Rule 6 -...

CIVIL

Constitution of India, Article 227 – Alternate remedy under CPC

Constitution of India, Article 227 - The observations of the Hon'ble Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai...

Consumer Protection Act

Airlines – Deficiency of service – ‘Gate No Show’

Airlines - Deficiency of service - ‘Gate No Show’ – Conditions of Carriage – Contract relating to travel plan of...

Consumer Protection Act

Airlines – Deficiency of service – ‘Gate No Show’

Airlines - Deficiency of service - ‘Gate No Show’ Airlines - Deficiency of service - ‘Gate No Show’ – Boarding...

One sided agreement – Commission under Consumer protection Act have power to declare contractual terms which are unfair, as null and void

Agreements

Stringent terms imposed on the flat purchaser

The stringent terms imposed on the flat purchaser are not in consonance with the obligation of the Developer to meet...

Agreements

Contractual terms of the Agreement are ex-facie one-sided, unfair, and unreasonable

Consumer Protection Act, 1986 Section 2 (r) - 'Unfair trade practice' – Agreement - The contractual terms of the Agreement...

Agreements

Agreement contained one-sided clauses, are not final and binding

Agreement contained one-sided clauses, which were not final and binding on the apartment buyers, and would constitute an unfair trade...

Agreements

One sided agreement – Commission under Consumer protection Act have power to declare contractual terms which are unfair, as null and void

One sided agreement - State Consumer Fora and the National Commission have power to declare contractual terms which are unfair,...

Agreements

Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement

Agreement – One sided agreement - Whether the terms of the Apartment Buyer's Agreement were one-sided, and the Apartment Buyers...

Agreements

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IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.

CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

All the rules of procedure are the handmaid of justice.

CIVIL

Hindu Joint family – To establish reunion it is necessary to show not only that the parties already divided, lived or traded together, but that they did so with the intention of thereby altering their status and of forming a joint estate with all its usual incidents.

Hindu Joint family- Reunion – When it happens it must be strictly proved as any other disputed fact is proved.

Special Marriage Act, 1954 – Waiver of waiting period

CPC, O. 5 R. 1, O. 9 R. 1, 6 – Civil Court shall not proceed to pass ex parte Judgment within 30 days from the date of service of Summons in Suit – Ex parte decree passed within 30 days of summons would be in breach of O. 5 R. 1, C.P.C. – Set aside

Constitution of India, Article 227 – Alternate remedy under CPC

Airlines – Deficiency of service – ‘Gate No Show’

Airlines – Deficiency of service – ‘Gate No Show’

Stringent terms imposed on the flat purchaser

Contractual terms of the Agreement are ex-facie one-sided, unfair, and unreasonable

Agreement contained one-sided clauses, are not final and binding

One sided agreement – Commission under Consumer protection Act have power to declare contractual terms which are unfair, as null and void

Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement

Law Commission of India – 199th Report

Professional Ethics

Role of an Advocate

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