Private property is a necessary institution, at least in a fallen world; men work more and dispute less when goods are private than when they are in common. R. H. Tawney Family disputes can result in a forced partition. Partition of property takes region while there may be joint possession of or greater individuals... Continue Reading →
Forest Land in India
Introduction Forests are an invaluable natural resource. They provide us raw materials such as wood, timber, minerals, fodder, fuel, etc. They prevent soil erosion, provide shelter to tribal people, maintain the balance of the ecosystem and function as the guardians of the diverse wildlife that our country houses. Apart from this, many forests in India... Continue Reading →
What is Completion Certificate?
A certificate does not make you certified. Attitude, performance, commitment to self and team - these and a certificate make you certified. INTRODUCTION After a housing project has been completed in accordance with a building plan that has been approved, it is granted a completion certificate, which is a legal document. Any housing project that... Continue Reading →
Actionable claim under Transfer of Property
Introduction In India, the Transfer of Property Act, 1882[1] deals with the laws relating to the transfer of properties. However, this act does not incorporate all types of properties, or all types of transfers neither does it include all the rules regarding the different modes of transfer. Hence, the Transfer of Property Act, 1882 is... Continue Reading →
Mortgage by Conditional Sale
Introduction In India, the Transfer of Property Act, 1882[1] contains the provisions for an array of concepts including the concept of mortgage. Apart from this, the Hindu and Muslim personal laws also recognize the concept of mortgage. The concept of mortgage is very similar to the concept of ‘hypotheca’ of Roman law.[2] Here, if the... Continue Reading →
Security Deposit while renting the property
"Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy. The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is... Continue Reading →
What are Easement Rights?
Introduction The Right of Easement has been in existence since time immemorial even back when the human race first emerging from cruelty and violence, embraced the custom of living as each other’s neighbors and respecting each other’s rights. It was crucial for the common good of the society to adopt the universal principle that an... Continue Reading →
Right to Constitutional Remedies – A Fundamental Right
Part III of the Indian Constitution guarantees fundamental rights to the citizens. All those fundamental rights that make one's life worth living are ensured by these rights. Fundamental rights are very essential for the entire development of individuals and the country. The declaration of fundamental rights would be meaningless unless there is effective machinery for... Continue Reading →
Concept of legal personality
Objectively speaking, a person's intellectual base is referred to as their personality. It stands for a right and duty-bearing entity in legal terms. Thus, legal personality creates two issues. What are the principles or theories that underpin the legal classification of someone as a person? The extent of these (legal) people's rights and obligations is... Continue Reading →
RIGHTS OF AN INSANE PERSON
The mental condition known as "insanity" is characterised by irrational behaviour brought on by mental instability. According to the judicial system, a person who has been diagnosed as crazy is incapable of distinguishing between right and wrong. A person who is insane is said to have a mental illness that causes them to lose their... Continue Reading →
FUNDAMENTAL RIGHTS :JUSTIFICATION AND NECESSITY
Introduction : Fundamental rights though known as basic human rights then also governed by the Constitution in India and considered special rights for the people. Rights being cohesive, the citizens can comprehend the importance of all the members of the society, co-operate and adjust themselves accordingly, thereby maintaining cordial relationships among each other. These rights... Continue Reading →
DEFINITION OF STATE -OTHER AUTHORITIES :
Bottom of Form‘State’ under Article 12 of the Constitution of India INTRODUCTION : Fundamental rights are said to be a group of rights that are provided to all the citizens by the Indian Constitution under Part III. Applicability of these rights is universal in nature regardless of their race, birth place , religion, caste, or... Continue Reading →
Lawful Object and Consideration
Introduction: For a valid contract, its object and consideration should be lawful, according to section 10 of the Indian Contract Act, 1872. Both the object and consideration are essential elements of a contract, and which object and consideration are lawful is described under section 23 of the act. Section 24, says that either whole or... Continue Reading →
WHAT IS BIGAMY
INTRODUCTION In India, separate personal laws govern marriages for various communities. These private laws cover a range of family characteristics. Marriage has been described as a pure sacrament, especially in our Indian culture, a connection that unites two lives until the end of their lives, in contrast to other nations where getting married is a... Continue Reading →
SALIENT FEATURES OF 51ST AMENDMENT OF INDIAN CONSTITUTION
The соnstitutiоn (fifty-first аmendment) асt, 1984 Stаtement оf оbjeсts аnd reаsоns аррended tо the соnstitutiоn (fifty-third аmendment) bill, 1984 (bill nо. 81 оf 1984) whiсh wаs enасted аs the соnstitutiоn (fifty-first аmendment) асt, 1984stаtement оf оbjeсts аnd reаsоnsthe meghаlаyа legislаtive аssembly раssed а resоlutiоn оn 31st mаrсh, 1980 urging the gоvernment оf indiа tо рrоvide ... Continue Reading →
RIGHT AGAINST EXPLOITATION: (ARTICLE 23 AND 24)
OVERVIEW : Right against Exploitation (Articles 23 & 24) - The Right against Exploitation is provided under Articles 23 and 24 of the Indian Constitution. It is one among various important fundamental rights that assures that every citizen is protected from forced labour whether it be of any kind or nature. Articles 23 and 24... Continue Reading →
ABOILITION OF TITLES
Article 17 of the Indian Constitution ARTICLE 17 : Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offense punishable in accordance with the law. Explanation: There is no explanation regarding Untouchability neither in Constitution nor in the Act, as to... Continue Reading →
CRIMINAL LIABILITY -STRICT LIABILITY
Strict obligation crimes are those in which the respondent is held obligated for a criminal offense he committed, even in case mens rea is missing. In spite of the fact that the litigant did not expect any hurt by his activities and was totally unconscious that he was committing an illicit act, the convention of strict obligation holds him obligated for the criminal offenses committed. Because of the regard for due handle within the United States, the tremendous majority of strict obligation wrongdoings are less genuine offenses. Most cases of strict obligation are minor infractions and misdemeanors, not about as genuine as felonies, but still justifying overwhelming fines and up... Continue Reading →
BIOGRAPHY OF JUSTICE MR R. M. KANTAWALA
Hоnоurаble mr. Rаmаnlаl mаneklаl kаntаwаlа , wаs elevаted аs сhief justiсe оf bоmbаy high соurt оn 27th осtоber, 1972 . His lоrdshiр wаs bоrn оn 6th осtоber, 1916 аnd wаs eduсаted аt the саmbаy high sсhооl, gujаrаt соllege, аhmedаbаd; elрhinstоne соllege аnd the gоvernment lаw соllege, bоmbаy.his lоrdshiр enrоlled аs аn аdvосаte оf the bоmbаy ... Continue Reading →
BIOGRAPHY OF JUSTICE MR B.N.DESHMUKH
Justiсe bаlbhimаrао nаrsingrао deshmukh, b.sс., ll.b. : bоrn оn 19th jаunаry 1935. Enrоlled аs аn аdvосаte оf the bоmbаy high соurt in 1963. Sinсe the estаblishment оf the benсh аt аurаngаbаd in 1982 рrасtised there. Wаs а member оf the mаhаrаshtrа stаte bаr соunсil frоm 1972 uр tо 1976 аnd its сhаirmаn in the yeаr ... Continue Reading →