Saturday, January 24, 2015

When does the right to sue accrue? - Limitation Act, 1963

(Image taken from here.)
As per Article 58 of, under Part II of the Schedule of the Limitation Act, 1963, ("the Act") the period of limitation to obtain any declaration (other than those classes of declarations mentioned in Articles 56 and 57 of the Act) is three years from the date the 'right to sue first accrues'. 

Article 113, on the other hand, which is the residuary article states that the period of limitation for any suit for which no period of limitation is provided elsewhere the Schedule, is three years from the date the 'right to sue accrues'.

It is often difficult to ascertain when the right to sue accrues, especially in declaratory suits in which there may not even be a clear cause of action. Courts have analyzed these phrases and laid down guidelines to determine when the 'right to sue accrues' or when the 'right to sue first accrues'. 

Saturday, January 17, 2015

Shia Laws of Inheritance - Clases and Sharers

In respect of Shia Laws of Inheritance only the first marriage is considered to be valid.
Shia law divides legal heirs into two groups:-
(1) Heirs by consanguity and (2) Heirs by marriage.
The second group includes husband or wife. The first group can be further sub divided into three basic classes:-

Contempt of Order of Arbitration Tribunal

In the event that a party to an arbitration seeks to file a contempt to the arbitral tribunal committed by another party then Section 27(5) of the Arbitration and Conciliation Act, 1996 (“the Act”) allows such party to make an application before the Court with the approval of the arbitral tribunal.