Civil law Archives - Page 7 of 9 - Lawwatch : Legal Resources for Learners

No fresh Suit can be filed to Challenge a Consent Decree

By K Rajasekharan 19 August 2021Civil law

No fresh or separate suit can be filed to set aside a decree, which was passed by a court on compromise between the parties of a suit, on the ground that the compromise was not based on free consent or lawful. The only remedy available to the party is to approach the court which recorded the compromise.

Whether a MoU is legally binding as a Contract?

By K Rajasekharan 7 August 2021Civil 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.

Owner can Transfer his Property during Litigation

By K Rajasekharan 13 July 2021Civil law, Property & Succession

When a property is under a pending court case, the property can be transferred to a third party without court's prior permission, if there is no specific court order prohibiting its transfer. In such a transfer, the transferee is bound by the ensuing judgement of the suit. This principle is called lis pendens in law.

Model Tenancy Law: Its Essential Features

By K Rajasekharan 12 June 2021Civil law

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

By K Rajasekharan 9 June 2021Civil 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.

Breach of a Contract & Its Legal Remedies

By K Rajasekharan 8 June 2021Civil law

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

By K Rajasekharan 31 May 2021Civil law, Negotiable Instruments

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

By K Rajasekharan 24 May 2021Civil law

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

By K Rajasekharan 23 May 2021Civil law

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

By K Rajasekharan 23 May 2021Civil law, Constitutional law

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

By K Rajasekharan 23 May 2021Civil law, Evidence law

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

By K Rajasekharan 23 May 2021Civil law

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.