Austin- Ownership is a right indefinite in point of user unrestricted in point of disposition and unlimited in point of duration.
From above definition we find three elements:
1. Indefinite user.
2. Unrestricted disposition (dispose off)
3. Unlimited duration.Read…
Extortion is defined in section 383, chapter XVII of the Indian Penal Code. It is an offence against property. To understand what amounts to extortion, certain essential elements are required to be fulfilled.
Any person who commits an offence of extortion shall be punished for imprisonment up to three years or fine or both. It is a cognizable and non-bailable offence.Read…
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.Read…
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.Read…
The history of Indian constitutional development began from passing of the Regulating Act, 1773. It was passed by the British parliament to regulate the increasing corruption in the East India Company.
The motive behind passing this Act was to control the activities of the East India Company under the control of the British government.Read…
The literal meaning of exchange is giving and taking of something.
Exchange is defined in section 118 of the Transfer of Property Act, 1882.
The exchange of property in this act relates to immovable property only.Read…
Causing slight harm or injury to other person is hurt. And when the degree of injury caused to other person is higher, then it becomes grievous hurt.
We cannot make every serious injury in the category of grievous hurt. Section 320 contains situations when grievous hurt is caused.Read…
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.Read…
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.Read…
Important Judgments Related to Article 13:-
1. Marbury vs. Madison, 1803
2. L. Chandra Kumar vs. Union of India, 1997
3. Romesh Thappar vs. the State of Madras, 1950
4. A.K Gopalan vs. the State of Madras, 1950
5. State of Gujarat vs. Ambika Mills, 1974
6. Deep Chand vs. State of UP, 1959
7. Basheshar Nath vs. Income Tax Commissioner, 1959Read…
An accomplice was defined as someone who voluntarily co-operates with, and helps others in the commission of the crime.Read…
What is Admission?
Admission is a statement that may be oral, documentary, or contained in electronic form, which suggests any inference as to the fact in issue or relevant fact.
Section 17 of the Indian Evidence Act defines Admission.Read…
FIR is not defined in CrPC.
It may be defined under the following points-
1. It is a piece of information that is given to the police officer.
2. The information must relate to a cognizable offence.Read…
This trial is divided into two parts.
1. Trial of warrant cases by magistrate where case instituted on a police report: Sections 238 to 243, 248, 249, 250.
2. Trial of warrant cases instituted otherwise than on a police report: Sections 244-250Read…
Wakf literally means tying up or detention. The one who makes Waqf is called Wakif. Deed is Wakf-nama.
According to the accepted view, Wakf is the detention of the property in the ownership of God.
Quran is silent regarding Wakf, but Quran does say something about charity.Read…
Parentage is the relation of parents to their children. The parentage includes maternity and paternity.
Maternity is the legal relationship between the mother and the child.
Paternity is the legal relationship between the father and the child.Read…
