WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.Keep Reading
In simple words the legislature cannot deprive a person from right to life and personal liberty even by making a law.
A person can only be deprived from his right to life and personal liberty by procedure which is established by law. (Death sentence while satisfying rarest of the rare case theory.)
Right to life does not mean only the animal existence.Keep Reading
Download a colourful, systematic, small PDF of Legal Maxims and Phrases.
These legal maxims are very important for regular college or university law exams and is also used in court while dealing with actual cases.
This PDF only has those legal maxims which are very important and which are often used. You should definitely know these.Keep Reading
The Indian nation is said to be federation with a unitary bias.
Part XI of the Indian Constitution that is article 245 to 263 deals with Centre State relations.
The financial relationship between the Centre and states is covered in Part XII of the Indian Constitution.
Article 280 deals with mandate provision for setting up Finance Commission.Keep Reading
LEGAL MAXIMS AND PHRASES A compilation of important legal maxims and foreign words to assist you in attaining a tight grasp over the aspects of Legal Aptitude. Ab Initio – From the beginning. Actionable per se – The very act is punishable and no proof of damage is required. ActusKeep Reading
“Inherent Powers are those powers which are not mentioned anywhere in the code.”
Inherent power/jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the end of the justice.
Inherent powers of the High Court should be exercised in exceptional cases.Keep Reading
This trial is divided into two parts-
a. Trial of warrant cases by magistrate where case instituted on a police report (section 238 to 243, 248, 249, 250)
b. Trial of warrant cases instituted otherwise then on a police report (section 244-250)Keep Reading
Muslim Law recognises three kinds of guardianship:-
1. Guardianship in marriage (Jabar)
2. Guardianship of body of the minor (Hizanat)
3. Guardianship of property (Walayat-i-mal). It is classified into three parts-
a. De jure b. De facto c. CertifiedKeep Reading
So, whether you start as a law student or a future lawyer, the holy water of law is BARE ACTS.
Now in an easy way I can say that BARE ACTS, as the name says, are the raw, exact, on point rules/laws.
Good lawyers interpret these laws and apply in different cases.Keep Reading
Charge is where immovable property of one person is made security for the payment of money to another.
It refers to the security for securing the debt, by way of pledge, hypothecation and mortgage.Keep Reading
A mortgage as per section 58 of Transfer of Property Act is transfer of an interest in immovable property for securing payment of debt.
On the expiration of due date it becomes duty of mortgagor to repay the amount of loan to mortgagee and redeem the property mortgaged.Keep Reading
The right of foreclosure is available to mortgagee under section 67 of Transfer of Property Act to recover his money due on mortgagor.
This right can be exercised only when-
The debt amount has become due for payment.
There should be no other contract contrary to the mortgage deed, else the terms and conditions of contract will suffice.
Where mortgagor has not got a degree of redemption under section 60.Keep Reading
Section 60-A: A mortgagor is entitled for redemption after paying debt to mortgagee.
For example-
A is a mortgagor. He has taken amount of Rs. 50,000 from B and as a security he has mortgaged his immovable property (house) to B. Now if A has to transfer the concerned property to C, then he may direct B to transfer the property directly to C instead of transferring it to A.Keep Reading
Section 195 and 344 are different in there own spheres. No section is inter-related or intervening to that of another.
Section 340 prescribes the procedure as to how a complaint is to be made under section 195.Keep Reading
A person born in lawful marriage is said to be the legitimate child of the spouses. So the main point in case of legitimacy of a child is marriage between his or her parents.
Special notes regarding the Presumption of Legitimacy
1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.Keep Reading
Muslim Law does not recognise the institute of adoption which is recognised by other systems.
Muslim law recognises acknowledgement as a method where by such marriage and legitimate decent can be established as a matter of substantive law for the purpose of inheritance.Keep Reading