Applicability and Jurisdiction of the Indian Penal Code

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Generally speaking, jurisdiction is the official power to make legal decisions and judgements. The extent to which the Court of law can exercise its powers relating to suits, appeals, proceedings, etc., can be said to be the jurisdiction of the Indian Penal Code. It is the limit within which the courts can exercise their powers over the cases.

Jurisdiction of IPC can be understood from sections 1, 2, 3, 4 and 5.Read More →

ESSENTIALS OF FRAUDULENT TRANSFER

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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 →

Difference between Public and Private Documents

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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 →

Pleading under CPC - Easy Definition, Object, Importance, and Basic Rule

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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 →

Privileged Communications under the Indian Evidence Act

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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 →

What is Criminal and Civil Contempt of Court - with Example, Punishment, Remedy, Appeal, Limitation, and Latest Case Laws

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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 →

Lifting of Corporate Veil

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A company is distinct from its members. It is a separate legal entity. There is, consequently, a veil between a corporation and its members, keeping them both detached from each other for better legal clarity in terms of overriding rights, duties and obligations. Nevertheless, occasionally it becomes obligatory to lift this veil, neglect the corporation’s distinct corporate entity, and discover the authenticity of the company.Read More →

Important Terms in Muslim Law

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Muslim law is a part of personal laws or family laws. It is not a codified law. People belonging to Islam are governed through shariyat. While studying, there are many terminologies and terms which are difficult to be understood. Most of the terms are in Arab, but it is not that difficult.

Important Terms in Muslim Law

1. Ayyam-e-jahiliya- It refers to the pre-Islamic era.Read More →

Sources of Muslim Law

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Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.

The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sourcesRead More →

What is Cooperative and Competitive Federalism

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Cooperative federalism means that there should be a mechanism for coordination between the union and the states. Institutions like the national development council, finance commission, and zonal councils have promoted cooperative federalism.

Competitive federalism is a philosophy that promotes competition between the states and the union and between the state governments.Read More →

Right of Private Defence

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In a general sense, defence means to protect from something. The right of private defence under the Indian Penal Code is a defence which a person exercises to protect one’s or other’s body and property.

The defence is available as a shield to protect and not to commute offence in the name of defence. This right is available to a person only when he has no other option than protecting himself or herself. It is not an absolute right. It also has some restrictions and limitations.Read More →

Tort Law Note - Definition Characteristics Differences

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A tort is not a crime. It is a civil wrong.

The word ‘tort’ is derived from the Latin word ‘tortum’ which means ‘to twist’. It, therefore, includes those acts which are not straight or lawful but are crooked or twisted. In English, it means ‘wrong’.

Law of tort has its origin in the common law of England. This branch of law consists of various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal right vested in another person.Read More →

Protection of Minorities

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This law notes talks about Protection And Safeguard Of Minorities, Case Laws On Minorities Protection, Protection of Linguistic Minorities, and Sachar Committee Report.

The term minority simply refers to the class of people who are different from other sections of society in terms of language, script, religion, culture, and so on. They are less in number in the overall population; that is why there are referred to as minorities.Read More →

Glossary of Hindu Law

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Important Words Of Hindu Law

1. Marriage- A union of two sexes, male and female. It is considered as sacrament under Hindu law.

2. Domicile- It is a place where the person actually resides. It can be different from the native place of a person.

3. Legitimate- It means anything which is acceptable in the eyes of the law. Like a legitimate child.Read More →

What is the meaning of Jurisprudence

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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.Read More →

Glossary of the Civil Procedure Code

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The Civil Procedure Code, 1908, is a procedural law. Whenever there is a violation of a person’s civil rights, then the procedure file case in the court and proceedings are regulated by the Civil Procedure Code. There are a total of 158 sections and 51 orders in this code.

Key Words of the Civil Procedure Code

1. Adjudication- To adjudicate means to decide on a matter or issue in controversy by a competent authority.Read More →

Glossary of the Indian Penal Code, 1860

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The terms mentioned below are the legal glossary of the Indian Penal Code, 1860. All these words and phrases have to be understood in concern to the provisions mentioned in the IPC. These are essential for all law exams and legal life in general.

1. Intra Territorial- Any offence for which a person is liable within India.

2. Extra Territorial- Any offence for which a person is subject to Indian law, tried outside India.Read More →

Glossary of Transfer of Property Act

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Important Words of TPA that you must know about.

1. Transfer- It means the conveyance of a thing, property, or a right from one person to another.

2. Property- Property includes movable and immovable property. Any thing which has a monetary value.

3. Act of Parties- An act that has been done with the desire and consent of the parties. It is voluntary in nature.Read More →

Robbery and Dacoity in IPC

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In all robbery, there is either theft committed or extortion. It is an advanced stage of any act of theft or extortion. When some elements combine with the essentials of theft or extortion, it becomes robbery.

When there are five or more persons who jointly commit the act of robbery or attempt to commit robbery, they are liable for the act of dacoity.Read More →

Primary and Secondary Evidence

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Section 62 says that primary evidence means the original document itself. The evidence which is not secondary is primary.

Section 61 of Evidence Act says that the content of a document can be proved by two modes – primary evidence or secondary evidence.

It means there is no other prescribed method by law for proving the content of a document.
Read More →

Right to Life and Personal Liberty

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Article 21: Protection of life and personal liberty! The legislature cannot deprive a person of the right to life and personal liberty even by making a law.

Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative.Read More →

Gift Under Transfer of Property Act

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A gift is a gratuitous transfer of a property of any nature to the other person. It is a voluntary transfer from one person to the other. Generally, a transfer without consideration is void.

But a gift is an exception to the rule that without consideration an agreement of transfer is void. A gift is given under natural love and affection. This is the reason that even law has put it in a different table.Read More →

Rape in Indian Penal Code, Section 375

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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.Read More →

Ownership and Possession - Law Note

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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 More →

Extortion in the Indian Penal Code

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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 More →

Confession in Police Custody

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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 More →

Regulating Act, 1773

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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 More →

Amendment of Pleadings in Civil Procedure Code

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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 More →

Order II Rule 2, Frame of Suit

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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 More →

What is Wakf

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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 More →

Direct and Circumstantial Evidence in Indian Evidence Act

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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.Read More →

Status of Posthumous Child in Succession

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Posthumous Child In Succession: Section 20 of the Hindu Succession Act recognizes the posthumous child as an heir in intestate succession.
It means the child who was in the womb at the time of death of intestate who is subsequently born alive shall have the same right to inherit to intestate as if he or she had been born before the death of intestate and the inheritance shall be deemed to vest in such a case from the date of death of the intestate.Read More →

Law Notes

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Above were Law Notes which are useful and important for competitive exams.

These law notes are easy to understand.

If you liked them, you can get all of them in just one click and read anywhere anytime.Read More →

Difference Between Trial and Inquiry, CrPC

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1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.

2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.

3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.Read More →

Mutual Satisfactory Disposition

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According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.

When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.Read More →

Cases where plea bargaining is allowed

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1. Offence where punishment is not more than 7 years.

2. The offence which are not against the women and children.

3. The offence which does not affect the socio-economic condition of the country.

The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961Read More →