Demystifying law of liquidated damages.

Law of Liquidated Damages and Penalty (S.74)  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 loss’;  Whether the claiming party […]

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Law relating to validity of foreign divorce decrees, child-custody orders and principles relating to grant of 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 – 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 […]

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FIR – First Information Report.

What is an FIR – short for First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences eg : theft/murder/rape/cheating/498A etc) […]

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