Practice Notes

Execution Proceedings: A Comprehensive Study of Order 21 of the CPC

In the realm of civil procedure, execution proceedings are the bedrock of ensuring that justice is not only served but also realized. This extensive study delves into the procedural intricacies of Order 21 of the Code of Civil Procedure (CPC), which lays down the procedural framework for the execution of decrees and orders in India. …

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The Art of Legal Negotiation: Strategies and Techniques

In the high-stakes chess game of the legal world, negotiation is an art form requiring a medley of skills and stratagems. Whether it’s wrangling a more favorable contract or settling a contentious lawsuit, mastering the art of legal negotiation is essential for attorneys and their clients. This comprehensive practice note elucidates key strategies and techniques …

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The Essentials of UAE Civil Law for Practitioners

Dubai’s glistening skyline and Abu Dhabi’s luxurious splendor have often been at the forefront of international admiration, but beneath the United Arab Emirates’ architectural wonders lies a sophisticated legal system. The UAE’s civil law system has evolved to cater to the nation’s rapid development. For practitioners looking to understand or engage with this system, it’s …

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Understanding Caveat under Section 148A of the Civil Procedure Code (CPC)

1. Introduction: “Caveat,” a Latin term originating from the 16th century, signifies a cautionary or preventive measure taken by an individual anticipating a potential legal action against them. In the context of the Code of Civil Procedure (CPC), the concept of “Caveat” allows such an individual to file a caveat petition, ensuring the court notifies …

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Can an Unprotected Tenant, Ghair Marusi, Transfer or Surrender Land to Another Party or for a graveyard?

Viewfinder The term “Ghair Marusi” refers to a non-occupancy tenant or a tenant who has abandoned or relinquished the possession of the rented property. The term is commonly used in the revenue records and land laws of Jammu and Kashmir. The term “Ghair Marusi” originates from the Persian language. In Persian, “Ghair” means “other” or …

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A Guide to Protection in Respect of Conviction for Offences in India

In India, the protection of fundamental rights and safeguards for accused individuals during criminal trials is enshrined in the Constitution. Article 20 of the Indian Constitution specifically addresses these protections and is a cornerstone of the legal framework. This practice note aims to provide lawyers in India with an overview of Article 20 and its …

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Understanding Sampling Procedures for Narcotic Drugs and Psychotropic Substances under the NDPS Act

The seizure and sampling of narcotic drugs and psychotropic substances have presented ongoing challenges for investigating agencies and legal professionals in India. The intricate nature of these procedures often leads to confusion and difficulties, allowing accused individuals to exploit technicalities and evade justice. In this comprehensive practice note, we aim to provide lawyers in India …

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Implications of the Judgment in Criminal Appeal No. 871 of 2021 (Sanjeet Kumar Singh @ Munna Kumar Singh v. State of Chhattisgarh)

The Supreme Court of India, in its judgment in Criminal Appeal No. 871 of 2021, delivered on August 30, 2022, addressed several crucial aspects related to the prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case involved the conviction of the appellant under Section 20(b)(ii)(C) of the NDPS Act for …

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