What are Tribunals? Tribunals are quasi-judicial institution setup for fast, inexpensive and decentralised adjudication of disputes in various dispute matters such as administrative dispute and tax disputes. Tribunal gets constitutionalized under 42nd Amendment which added Article 323A and Article 323B. Article 323A: This Article talks about establishment of Administrative tribunal for union and States and it power to punish and authority. And transfers of cases pending before the courts to the tribunal if the said subject matter belongs to that tribunal. Article 323B: This Article provides establishment of tribunals for matters not covered in article 323a. Legislature may, by law,…
Author: Rahul Sharma
What is Estoppel? The principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. Section 115 of Indian Evidence Act, 1872 defines estoppel. According to it- “When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true by his act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of…
Introduction A lease is an agreement under which owner gives up possession and use of his property for valuable consideration and for definite term and at end of term owner has absolute right to retake, control and use property. (Black’s Law Dictionary). The transferor is called the lessor. The transferee is called lessee. The price is called the premium. The money, share service or other thing to be so rendered is called rent. Right and Liabilities of the lessor 1.SECTION 108(A) -DISCLOSURE OF MATERIAL DEFECTS In the absence of a contract or local usage to the contrary, the lessor is…
Introduction As per our Vedas, marriage is a life-long companionship of two people. Hindu marriage is considered as one of the most important sacraments. As per Hindu marriage Act , 1955 a valid marriage if following conditions are satisfied: neither party has a spouse living at the time of the marriage at the time of the marriage, neither party,- is incapable of giving a valid consent of it in consequence of unsoundness of mind; or though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be…
Introduction As per section 3 of the Competition Act, 2002, Anti-competitive agreements are void agreement which causes appreciable adverse effect on competition (“AAEC”) within India. Agreement which are entered between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels which is causing restrain on production, supply, distribution, storage, acquisition or control of goods or provision of services for other competition in the market are known as Anti- Competitive Agreement. As per Competition Act, 2002:…
INTRODUCTION Concept of Lok Adalat which is Alternative dispute resolution system has been in our tradition and history for centuries but it gained constitutional validity in Legal Services Authorities Act, 1987 and Article 39-A contains various provision to be settled in Lok Adalat. After wide acceptance of Lok Adalat in the country and effective functioning of it in every district, One of problem that was faced by parties which also delayed the process of dispute resolution was non-consent of one of the party even though there is an reasonable settlement offer on the table. So to counter this problem parliament…
CASE NAME : CATHERINE LEE V LEE’S AIR FARMING LIMITED CITATION(S) : [1961] UKPC 33, [1961] AC 12 JUDGES SITTING: VISCOUNT SIMONDS, LORD REID, LORD TUCKER, LORD DENNING, LORD MORRIS OF BORTH-Y-GEST RULING COURT : JUDICIAL COMMITTEE OF THE PRIVY COUNCIL CONCEPT OF SEPARATE LEGAL ENTITY Companies act, 2013 mentions following features of a company incorporated under the act: 1. Separate Legal Entity 2. Perpetual Succession 3. Limited Liability 4. Common Seal 5. Separate property As per Companies Act, 2013 Separate legal entity means that a company which is registered under this act as Non profit organization , private limited company, public company , government company and chit fund company…
