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10 Commercial Law Principles One Should Know: Lex Unified

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Principle I: “Agreement to Sell: Essential Ingredients” In the matter of: Braham Singh V/s Sumitra & Ors, 2011 (125) DRJ 570, it was observed that: “…Some of the essential ingredients of an Agreement to Sell an immovable property are: (i) identity of the vendor and purchaser, (ii) complete description of the property subject matter of […]

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Law of Defamation, Newspaper Publication & Journalistic Improprieties

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Preface: Defamation means to take away or destroy the good fame or reputation; to speak evil of; to charge falsely or to asperse. According to Winfield, ‘defamation’ is the publication of statement which tends to lower a person in the estimation of right-thinking members of society generally or which tends to make them shun or […]

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Non-Grant of ‘Non-Grant of ‘Letters of Administration’ where ‘Suit for Partition’ is the Efficacious Remedy’ where ‘Suit for Partition’ is the Efficacious Remedy

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Preface: The scope of an administration suit is to collect the assets of the deceased to pay off the debts and other charges and to find out what is the residue of the estate available for distribution amongst the heirs of the deceased. A suit for partition is distinct from an administration suit. Though administration […]

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Theory of confirmation by subsequent facts: Section 27 of the Indian Evidence Act 1872

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Theory of confirmation by subsequent facts: Section 27 of the Indian Evidence Act, 1872  In the matter of: Navaneethakrishnan V/s The State by Inspector of Police, Criminal Appeal No. 1134/2013 (Supreme court of India, Date of Decision: 16.04.2018, Coram: A.K. Sikri & R.K. Agrawal, JJ.) it was held that, Section 27 of the Indian Evidence […]

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Jurisprudence emanating from Section 238-A of the Insolvency & Bankruptcy Code 2016

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Jurisprudence emanating from Section 238-A of the Insolvency & Bankruptcy Code, 2016: B.K. Educational Services (P) Ltd. V/s Parag Gupta & Associates (2018)   Preface: Section 238-A of the I&B Code, 2016 (hereinafter referred to as the ‘IBC’) was inserted by the Insolvency & Bankruptcy Code (Second Amendment) Act, 2018 with effect from 06.06.2018. Section […]

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Can the Court order deletion of portions of ‘Evidence Affidavit’?

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                                                                                      -Shivam Goel Introduction: According to Section 137 of the Indian Evidence Act, the examination of a witness by the party who calls him is called his examination-in-chief; the examination of a witness by the adverse party is called his cross-examination; and, the examination of a witness, subsequent to the cross examination by the party […]

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Testing the Maintainability of Suit For Mandatory Injuction Against The Licensee

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INTRODUCTION: Injunction is an equitable relief and it is a settled law that equity acts in personam, therefore, injunction is a personal matter. The purpose of mandatory injunction is to restore a wrongful state of things to their former rightful order. Principal difference between prohibitory injunction and mandatory injunction is that, in the former the […]

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Doctrine of ‘Per Incuriam’: Critical Analysis based on Precedents

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Meaning: According to the Black’s Law Dictionary (Fourth Edition, 1891) per incuriam means through inadvertence. The word ‘incuria’ literally means ‘carelessness’.1 The purport of the doctrine of per incuriam is that, a decision should be treated as given per incuriam when it is given in ignorance of the terms of a statute, or of a […]

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Doctrine of Equitable Set-Off: Critical Analysis

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Introduction: Set-Off- Meaning and Characteristics: According to the Black’s Law Dictionary (Seventh Edition, 1999), a set-off is nothing but a debtor’s right to reduce the amount of a debt by any sum the creditor owes the debtor. In the case of, Union of India v. Karam Chand Thapar and Bros (Coal Sales) Ltd and Ors, […]

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Code of Hammurabi

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Shivam Goel .. It is excellent to have giant’s strength but it is tyrannical to use it like a giant… Is it a question of legal over-reach or legal activism that has kept the legal scientist throughout the world baffled as to what significant contribution Code of Hammurabi can be to world jurisprudential development is […]

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UTOPIA – A reality or a myth

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Shivam Goel “Looking at the world in a grain of sand and heaven in a wild flower, Holding infinity in palm of your hand and eternity in an hour. Everything that ever came to reality was once just an imagination.” — (The Dangerous Knowledge, a documentary film) What is utopia? Well, in common parlance ‘a […]

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A sense of justice

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Shivam goel If law is the means then justice is the end. Much less to say that it’s the ends that defines the means. What is natural justice in a common parlance is the question that is to answer what in fact is the term ‘a sense of justice’ means. Natural justice in best of […]

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