Month: May 2017
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Demystifying law of liquidated damages under Indian Contract Act
Law of Liquidated Damages and Penalty (S.74 of the Indian Contract Act) When the contract mentions a ‘specific amount’ to be paid as compensation in case of breach : Whether that amount is ‘conclusive’ and bars any enquiry by the court into actual loss/damages suffered; Whether the claiming party is obviated from proving the ‘actual…
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Law on Foreign Divorce Judgments, Child-Custody Orders & Anti Suit Injunctions
Introduction “H (an NRI) is divorced in Texas, and to marry – he is free; No, he has a wife in India, Indian Law says, doesn’t he ?, H is, therefore married and not so, all at the same time; perfectly legal at one place; in the second, his act – a crime.” This limerick…
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Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.
Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in evidence ?; How to prove electronically maintained Bank Statements ?; How to prove a Facebook, Twitter post, a WhatsApp message or an SMS ?; The…
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Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.
Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of Electronic Record. Section 65B of the Evidence Act Effect of use of Non Obstante Clause in S.65B(1); Conditions : Section…
The Blog of Bharat Chugh 