Suit against Public Nuisance u/s 91 CPC

17 November 2021Posted inCivil law
When a public nuisance or other wrongful act affecting or likely to affect the public occurs, two or more persons or the Advocate General can file a suit for a declaration and injunction or for such other appropriate relief in a civil court, after obtaining leave of the court, under Section 91 of the Civil Procedure Code, 1908 (CPC).

Termination for hiding facts during Selection

14 November 2021Posted inCivil law, Constitutional law
In  Avtar Singh v Union of India & Ors delivered on 21 July, 2016, a three-judge bench of the Supreme Court (SC) considered various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. In the judgement the SC resolved the conflict of opinion in the various earlier decisions of its Division Benches and arrived at some guidelines in deciding such issues.

Kerala Headload Workers Act not applicable to Domestic Purposes

9 November 2021Posted inCivil law
The Kerala Headload Workers Act is not applicable to engagement of a person by an individual for domestic purposes. It is applicable to engagement or employment of persons directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment, and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages.

Attestation unnecessary for many Instruments

30 October 2021Posted inCivil law, Evidence law
Every instrument under the law in India does not require attestation. Even if it is attested the court may not be conducting the examination of them unless the document is required to be attested as per law. However, attestation of the instrument and consequent examination of the attesting witnesses as part of proving it are essential requirements in instrument such as a Will when law prescribes so.

Law on Co-owner selling his Undivided Share

22 October 2021Posted inCivil law, Property & Succession
A co-owner in a joint property can sell his undivided share of property to anyone. But he cannot sell the specific piece of land with marked boundaries from the joint property. A selling of a share of property by co-owner in essence means the buyer steps into the shoes of his seller. The buyer is clothed with all the rights and liabilities of his transferor. So, the buyer becomes as much a co-owner as his transferor was before the property transfer.

Consumer Court can Accept WS only within 45 Days

19 August 2021Posted inCivil law
The Supreme Court (SC) in M/S Daddys Builders Pvt. Ltd. v Manisha Bhargava holds that the District Forum has no power to extend the time to file the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act, 1986.

Whether a MoU is legally binding as a Contract?

7 August 2021Posted inCivil law
A Memorandum of Understanding (MoU), as the term is being used now, is a written declaration by two or more parties. It expresses their common or mutual intention in regard to a project. A MoU looks like a contract. It is a less formal document than a contract. A contract is legally binding and enforceable. But a MoU is not a legally binding one in India. A MoU acts only as the foundation document. It indicates that a contract is imminent.

Power of Attorney & Its legal Provisions

9 June 2021Posted inCivil law, Property & Succession
A Power of Attorney (PoA) is a legal instrument signed or executed by a person who, by this instrument, empowers another person to act for or perform something on his behalf. The person gives authority is called as the donor or principal, the person so authorised is called donee or agent. The legal authority given by the principal to the agent may be broad or limited. The agent can legally do what he is specifically authorised to do by the instrument in clear terms. The power of attorney should be clear and understandable. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons.