Model Tenancy Law: Its Essential Features
Model act, a framework for the states The Government of India has framed a Model Tenancy Act on 2nd June, 2021, though land is a state subject. It would serve…
Power of Attorney & Its legal Provisions
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.
Breach of a Contract & Its Legal Remedies
Introduction A contract is an enforceable agreement between two or more parties consented to it for a lawful consideration and lawful object. Any breach of contract entitles the aggrieved party…
Promissory Note : Laws Governing it
Promissory Note is a specific written promise to pay a debt. It is a negotiable instrument.
In the instrument, one party (the maker) promises in writing to pay a specific sum of money to the other (the lender) either at a fixed future date or on demand by the lender or his/her orders. The Note is given against the amount of loan the promisor has received.
Question of Law can be brought before SC at any Stage
Seminal question upheld by the SC In a recent judgment in K Lubna v Beevi, the Supreme Court (SC) upheld that a pure question of law can be examined at…
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.
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…