Ordering Police Assistance by a Civil Court
Police assistance by civil courts No specific provision is provided in the Civil Procedure Code, 1973 (CPC) for enabling a civil court to order police assistance to a party to…
Temporary Employees cannot be made Permanent
Not to make temporary employees permanent The judgment of the Constitutional Bench of the Supreme Court (SC) in The Secretary, State of Karnataka v Umadevi in the year 2006 categorically…
Thirty years old Will duly executed needs no further proving by witnesses
Execution and attestation of Will A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA), requires to be attested by two or more witnesses. Each of the…
Attachment of Salary of Government Officers
Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates.
Right of the Legal Heir over the Nominee on Deposits
Who is the legitimate claimant when the bank deposit/insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other?
The laws have no specific provision to differentiate between legitimacy of a nominee and a legal heir in receiving the deposit/insurance amount of the deceased person. But a few case laws shed light on the issue. This issue, which led to inconsistent decisions by different courts in the yester years, seems to be reasonably well settled right now.
Law relating to Vakalatnama in Civil Cases
The Vakalatnama enables the advocate appearing for the litigant to do several acts as an agent of the litigant who remains as the principal. It creates a special relationship between the lawyer and the litigant. It regulates the extent of delegation of authority to the advocate in regard to the conduct of the judicial proceedings and the terms and conditions governing such delegation. It should, therefore, be properly filled, attested and accepted with due care and caution.
Filing of Written Statement after Ninety days
Provision on filing written statement As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written…
Mortgage: The Legal Provisions governing it
Mortgage defined Mortgage is transfer of an interest in a specific immovable property, for securing an advance payment of money by way of loan. It creates a pecuniary liability. It…
Parents & Senior Citizens: Maintenance & Welfare
The parents and senior citizens, who are neglected by their children, can now claim need-based maintenance from their children. This is claimed on the strength of the law - Maintenance…
Framing of Issues in a Civil Suit
What the term issue means The term “issue” in a civil case means a disputed question relating to rival contentions in a suit. It is the focal point of disagreement,…
How to Prepare Written Arguments?
Always keep written arguments simple, plain and effective. It is better not to write like an articulate lawyer. Rather it is always well paying if you try to make the note simple enough in such a way that a stranger could read and understand it.
Use a style which is clear, concise and focused. Use language that is active, all-inclusive (covering every aspect), and visual (that provides a mental picture) in such a way it gives the readers a vivid picture of the things with colour, context and action.
While writing the arguments think like a judge and then write them for the judge who is going to read and act upon it.
Laws on Hindu Succession in Kerala
Introduction Inheritance means the right to succeed to the estate on intestacy - dying without a legally valid will. Succession means the process by which the heirs acquire the property…