Month: March 2014

Categories
Legal Formats

Findings of Fact and Conclusions of Law Format

Attorney_____ (#____) ___________________ ___________________ Attorney for Petitioner ______________________________________________________________________________ IN THE THIRD JUDICIAL DISTRICT COURT OF _________ COUNTY STATE OF ________ ______________________________________________________________________________ ) IN  RE:                                                                       ) THE INTEREST OF:                                                 )           FINDINGS OF FACT AND )           CONCLUSIONS OF LAW ________________________                       ) ) A MINOR CHILD.                           ) ) ____________,                                                           ) ) Petitioner,                    ) v.                                                                     ) ) __________________________; […]

Categories
Corporate Law Investment Law

Section 42 of Arbitration and Conciliation Act, 1996 and the Uncertainties about Jurisdiction

The complexities surrounding arbitration in India and the clouded arbitration legislation as an oft-judicially-interpreted Act in India is nothing new. To the ones initiated, the Arbitration and Conciliation Act (the Act) in India has undergone modifications since pre-Independence days. However, till date, the prevalent Act can still be regarded as one of the most highly […]

Categories
Property Law

Hypothecation and Mortgage Property in India

Hypothecation legally means providing something as collateral for any form of debt. However, although a collateral security is provided the debtor usually does not have to turn over physical custody of the collateral although the lender is “hypothetically” in control of the collateral. The Indian Contract Act does not define the term ‘hypothecation’, however, section […]

Categories
Legal Formats

Application u/s 172 CrPC for Production of Case Diaries

IN THE COURT OF SH.____________, LD. SPL JUDGE, NEW DELHI IN THE MATTER OF: CBI       V/S      _________________________ ____________/ CBI (DTD. _______) NDOH: ________ APPLICATION ON BEHALF OF ACCUSED _______________ FOR PRODUCTION OF CASE DIARIES U/S 172 CrPC IT IS MOST RESPECTFULLY SUBMITTED A UNDER: That the applicant/accused is innocent and has been falsely implicated in […]

Categories
Consumer Law Criminal Law

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of […]