Section 127 of the Transfer of Property Act, 1882, defines onerous gifts.
This section regarding onerous gifts is based on the maxim-
‘Qui sentit commodum, sentire debet et onus’ which means ‘he who receives advantage must bear the burden also.’Read More →
The Citizenship Amendment Act, 2019 is not an amendment in the Indian Constitution, but an amendment in law.
It amends the Citizenship Act of 1955.
Therefore, it is not a constitutional amendment.Read More →
1. The person who delivers the goods (movable property) is called the bailor.
2. The person to whom the goods are delivered is called the bailee.
3. And the contract between the bailor and bailee is called the contract of bailment.
The contract of bailment is created only about movable property.Read More →
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.Read More →
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.Read More →
(Useful for PT/MAINS)
Section 30: Minors admitted to the benefit of Partnership.
Who can be a partner?
With combined effect of section 2(c) and section 3, reference is made from section 10 of Indian Contract Act.
So any person of sound mind, major and not disqualified by law can be a partner.Read More →
Some of the matrimonial reliefs under the Hindu Marriage Act are:-
1. Restitution of Conjugal Rights: Section 9
2. Judicial separation: Section 10
3. For void marriages: Section 11
4. Voidable marriages for nullity of legally irregular marriages: Section 12
5. Divorce: Section 13Read More →
What is the meaning of fact discovered in regard to Section 27 of Indian Evidence Act, 1872?
Section 27 lays that if the confession of the accused is supported by the discovery of the fact then it may be presumed to be true and not to be excluded.
Section 27 is based on doctrine of confirmation by subsequent events:-Read More →
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.Read More →
In general, a warrant is an order that serves as a specific type of authorisation issued by a Court or Magistrate directed to the police or any other authority to enable them to arrest, search a premise etc. As discussed earlier, the attendance of the accused can be procured by:
1. summon
2. arrest or detention
3. proclamation and attachmentRead More →
Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.
The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.Read More →
The doctrine of res ipsa loquitur means “the thing speaks for itself.”
Imposing a legal interpretation, this doctrine comes forth validating the admissibility of circumstantial evidence and/or secondary evidence when there’s a lack of evidence against the defendant.Read More →
A void marriage is no marriage. It is a marriage which does not exist from its beginning.
A voidable marriage is perfectly valid marriage so long it is not avoided. It can be avoided only on the petition of one of the parties….Read More →
Evidence plays an integral part in a trial as it helps in reaching a conclusion and deliver a judgement. Evidence can be oral, documentary or in electronic form. A witness can be testified on any event that he has seen or heard.
Certain communications are protected and cannot be adduced as evidence, and are known as privileged communications. Let us learn more.Read More →
Any act done with an intention to disrespect or tarnish the image of the court or willful disobedience to any court order, judgement or decree can be defined as contempt of court.
Our Constitution has not precisely defined contempt of court, but according to Article 129, the Supreme Court has the power to punish for its contempt. Article 215 confers comparable powers to High Courts.Read More →
Section 144 of the Criminal Procedure Code is a technical tool to maintain security and peace in the society.
Section 144 of CrPC is imposed in urgent cases of apprehended danger of nuisance or disturbance in peace.
It is frequently in the news. Let us look at some leading questions and confusion related to section 144 of CrPC.Read More →
