51 Important Law Notes for CLAT, Judiciary Exams

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How to sue as an indigent person

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

Constitutional provisions on Centre State relations

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

Inherent Powers

“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

Legitimacy and Acknowledgement in Muslims

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

Difference between Public and Private Documents

1. Section 74 of the Indian Evidence Act defines public documents –

Documents forming the act or records of sovereign authority namely Parliament, Legislative Assemblies, official bodies, tribunals, public officers or any part of India or of Commonwealth or foreign country.

Section 75 says that all other documents other than public and private documents.Keep Reading

Wakf Explained

Wakf literally means tying up or detention.

According to accepted view it is the detention of the property in the ownership of the God. Quran is silent regarding Wakf but Quran says something about charity.

In simple words when a person ties up his property to the God and remains the usufruct for the benefit of public. It may be religious or charitable.Keep Reading

Differences between Ordinary Witness and Expert Witness

1. Expert witness gives evidence of his opinion that is the ground on basis of which he has given his opinion.
Ordinary witness is a witness of fact and gives evidence of those facts which are under inquiry.

2. The expert supports his evidence by the experiments which has been performed by him in absence of opposite party.
Ordinary witness is available to opposite party for veracity.Keep Reading

Difference between Complaint and FIR

1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.

2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.

3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.

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Retracted Confession

A retracted confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates (reject, disown, abandon, renounce, refuse to accept or be associated with) at the trial.

Evidentiary value of retracted confession.
It is unsafe to base the conviction on a retracted confession unless it is corroborated by trustworthy evidence.Keep Reading

Direct and Circumstantial Evidence

Direct Evidence
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.

Example-
A is tried for causing grievous hurt to B with a club. C deposes to the fact that he saw the accused, inflicting the blow, which caused the grievous hurt. The evidence adduced (mentioned, pointed out, cite as evidence) by C is direct evidence.Keep Reading

Dissolution of a Partnership Firm Partnership Act 1932 Notes

Chapter VI of Partnership Act, 1932

Section 39 – Dissolution of a Firm.
The dissolution of partnership relation between all partners is dissolution of the firm. It is the ending of partnership relation among partners.

Section 40 – Dissolution by Agreement.
Partners can at any time with everyone’s consent may make an agreement in order to dissolve the firm. This applies to all cases whether the firm is for a fixed period or at will.Keep Reading

What is CAG and its Functions

The Constitution of India provides for an independent office of the CAG. He is the head of the Indian audit and accounts department. He is the guardian of the public purse and controls financial system of the country both at central level and state level.

He is one of the strongest wall of the democratic system like that of Supreme Court, Election Commission of India (ECA) and the Union Public Service Commission (UPSC)Keep Reading

Cavet and Who may lodge a cavet

Added in 1976. Section 148-A of Civil Procedure Code.
CAVEAT – To give notice before taking any action.

Caveat is not defined in Civil Procedure Code but it may be defined as a request made to the court that no order in a suit or proceeding instituted or likely to be instituted before it may be passed without hearing the person filing the caveat. The person who files a caveat is known as Caveator.Keep Reading

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

Natural Justice and Types of bias

Natural justice is an important concept of law. It is also known as substantial justice, universal justice or fair play in action. It is a branch of public law. It is based on law of equity.

From the days of Adam and Kautilya Arthashastra, the rule of law has had the stamp of natural justice which makes it social justice.Keep Reading