How to Lease Public Charitable Trust Property in West Bengal

The law of trusts in India has developed in its own specialized way but it has definitely created a lot of advantages as a very convenient instrument for running religious and charitable organisations. A trust provides the means by which specific benefits are carved out for different people who are interest in the same Trust … Continue reading How to Lease Public Charitable Trust Property in West Bengal

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How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under … Continue reading How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Differences between Original Petition and Interlocutory Petition/Application

Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs.  Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree … Continue reading Differences between Original Petition and Interlocutory Petition/Application

Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Efficacious remedy implies a form of relief that can be obtained at a different forum from the current forum. It is generally necessary to exhaust other efficacious remedy before filing writ petition because the inherent powers of the High Courts to issue prerogative writs or order in terms of Article 226 of the Constitution is … Continue reading Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Oral Evidence in Enforcement of Arbitral Award

Si-Al Bioenergie vs Sbec Systems Citation: AIR 2005 Delhi 95 Facts of the Case The facts of the case were that the decree holder (Si-Al Bioenergie) sought to enforce an arbitral award under Sections 48 and 34 of the Arbitration & Conciliation Act, 1996. However, the judgment debtor (Sbec Systems) applied to set aside and … Continue reading Oral Evidence in Enforcement of Arbitral Award

Managing Co-operative Housing Society and Allotment of Flats

Under West Bengal Co-operative Society Rules 2011 (WBCS Rules 2011), Rule 124, before the Housing Society gets registered, the members should hold a meeting where the Chief Promoter, Chairman, Vice-Chairman and Treasurer from amongst the promoters should be elected. The proposed name of the Society should also be discussed and the agreement to be entered … Continue reading Managing Co-operative Housing Society and Allotment of Flats