ESSENTIALS OF FRAUDULENT TRANSFER

Section 53 of Transfer of Property Act. Every owner of property has right to transfer his property as he likes.

But the transfer must be made with a bonafide intention. Where the transfer is made with fraudulent intention, it means with the intention of defeating the interest of creditor or interest of any subsequent transferee. Where the transfer is made with fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice; though it is valid in law.KEEP READING

Section 377 India

In a landmark verdict Navtej Singh Johar & ors vs Union of India the Supreme Court today scrapped the controversial Section 377; a 157 year old colonial law on consensual gay sex.

The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.KEEP READING

Mandatory 3 Years Experience for Judge - Bar Council of India Notification

In recent, the Bar Council of India has issued an application stating that for the appointment of Civil judge junior division, three years experience at bar must be made mandatory. This news flooded many opinions and views by the people of the legal fraternity.

The BCI application states that young judges are incapable of decision making and have been seen misbehaving with lawyers. Therefore, before making the appointment as a judge, a person must possess three-year experience at Bar.KEEP READING

What is the meaning of Jurisprudence

Jurisprudence is ‘the Eyes of Law.’ In the human body, the eyes are one of its most essential parts. Most of the human activities and movements of a man’s body are possible only through them. Unless a man can see anything correctly, he can’t do any work properly.

Jurisprudence is called the ‘the eye of law’ because jurisprudence functions for law like eyes do for the human body.KEEP READING

Rape in Indian Penal Code, Section 375

Section 375 of the Indian Penal Code requires two essentials to be satisfied for making it an offence of rape. They are:-

1. An act of sexual intercourse by a man with a woman.
2. The act of sexual intercourse must fall under any one of the seven categories given in section 375.KEEP READING

Confession in Police Custody

The main issue of concern is whether a confession given to police officer is admissible or not, and what is the relevancy of confession given to police.

Section 25 of the Indian Evidence Act says that a confession made to a police officer is not admissible in the eyes of the law and cannot be proved against the person who made that confession.KEEP READING

Important Cases in India in Recent Times

Hadia Marriage Case.
Shafin Jahan vs. Ashokan.

Article 19 and Article 21 of the Indian Constitution were challenged. It was held that a person is free to profess any faith or change his faith. It was also said that the Right to choose a life partner is a Constitutional Right.KEEP READING

Difference Between Motive, Intention, and Knowledge

Motive is the ulterior element for committing a crime. It is something that makes a person commit a crime.

For example, If A and B are enemies for the last 10 years. And one day A kills B. From their previous relation, it can be assumed that what could be the reason for A to kill B. For every crime, there is a reason, and that is motive.KEEP READING

Amendment of Pleadings in Civil Procedure Code

At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.

The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.KEEP READING

Order II Rule 2, Frame of Suit

Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.

While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING