Glossary of Transfer of Property Act

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

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

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.
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Right to Life and Personal Liberty

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

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

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

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

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

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

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 →