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.
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…
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…
Gift: The Legal Provisions governing it
Gift is the gratuitous transfer of certain existing moveable or immoveable property, made voluntarily and without consideration by one person to another person and accepted by or on behalf of…
Legal remedies available for non-performance of contract due to Covid-19
Covid : an unforeseen pandemic The emergence of Covid-19 as a pandemic around the world in an unprecedented manner as nobody could foresee has brought in many unforeseen restrictions in…
Execution of a Decree under Order 21 of CPC
The term execution of a decree refers to the process for enforcing or giving effect to the judgment, decree or order of the court.
The execution is the mechanism though which the decree holder realises the fruits of the decree ordered by the court. It comes to a close when the decree holder gets the relief awarded to him by the court.
The decree holder is the person in whose favour a decree has been passed, and the judgment debtor is the person against whom a decree has been passed.