Parenting and Law
Introduction: - In general terms Uniform Civil Code means a general civil code for everyone e.g. a general civil code for inheritance, marriage and other personal matters as well as other civil matters. Around 90% of civil matters are already governed by a common civil code e.g. Transfer of property act, Indian Contract Act, Sale... Continue Reading →
According to Indian Trust Act, trust means an obligation annexed to the ownership of property, & arising out of a confidence reposed in & accepted by the owner for the benefit of another or for another and owner. Or in other words, a trust is an acceptance of an obligation by a person in against... Continue Reading →
Indian Trust Act 1882, makes provision for the extinction of trusts under section 77.78 and 79. Extinction of trust means termination of trust. Section 77 lays down 4 situations when a trust is extinguished: - When its purpose is completely fulfilled.When it becomes unlawful.When the fulfilment of its purpose becomes impossible by destruction of the... Continue Reading →
The biggest contribution of equity to the world is ‘Trust’, under its exclusive jurisdiction the trust is there. The common law was not in favor of trust while as equity favored trust. According to Maitland – “Trust is the most significant invention of equity. It is the most powerful experimentation when a person has right... Continue Reading →
Meaning This maxim is also expressed in the other form as “Equity aids the vigilant and not the dormant” The Court of Equity discourages unreasonable delay in bringing a suit to it. Because it would be unjust to assert a claim after an unreasonable delay. The court of equity does not give relief when the... Continue Reading →
This maxim is sometimes expressed in another form as “He hath committed inequity, shall not have equity”. It means if we want equity our case shall not have inequity done by us towards others our claim must be just and fair. It provides that whenever a party seeks to set the judicial seeks to set... Continue Reading →
Introduction: - Writs are written orders from the Supreme Court or High Court that commands constitutional remedies for citizens against violation of their fundamental rights. Article 32 of constitution of India deals with constitutional remedies that a citizen can seek from the Supreme Court and High Court against his/her fundamental rights. The same article gives... Continue Reading →
Introduction: - Hierarchy basically means ‘a system of ranking’. Indian Judiciary is ranked in hierarchical manner as per power of the court. There are different levels of Courts in India, empowered with different and distinct jurisdictions. Supreme court is the highest court of the country, followed by High Court which is highest court of state.... Continue Reading →
Introduction: - Article 39-A of the Constitution of India provides for free legal aid to the poor and weaker section of the society and ensure justice for all. Article 14 and 22(1) of the Constitution of India also made it obligatory for the state to ensure equality before law and a legal system which promotes... Continue Reading →
Rules of pleading – order VI, VII, VIII of CPC. Order VI of CPC describe provisions regarding pleading: -Rule 1 of order VI, lays down that pleading means a ‘Plaint’ or a ‘written statement’.Rule 2 of order VI- ‘Pleading to state material facts and not evidence’Every pleading shall contain, and contain only a statement in... Continue Reading →
Introduction General defences mean those excuses of law that help a person to escape from his liability, if the act done is qualified under general defences. Mistake is a general defence defined in Section 76 and 79 of the Indian Penal Code, 1860. Mistake is further classified into two types: - Section 76 and 79... Continue Reading →
Introduction General defences mean those excuses of law that help a person to escape from his liability, if the act done is qualified under general defences. Mistake is a general defence defined in Section 76 and 79 of the Indian Penal Code, 1860. Mistake is further classified into two types: - Section 76 and 79... Continue Reading →
Introduction: - Article 15 is prohibitory article, which says that every discrimination on the grounds of religion, race, cast, sex, place of birth, is invalid. But article 14 has an exception and it says making separate rule is essential for public welfare i.e. discrimination with intelligible differentia, rational nexus and natural justice, is valid. Example:... Continue Reading →
Introduction To understand the subject, we need to understand the Constitutional requirements of reservation i.e. how can a reservation be called as constitutionally valid one. It is well advocated that “equality is among equals”, if we try to understand the meaning of the said phrase with an example, it means if there are two candidates... Continue Reading →
INTRODUCTION: In day-to-day course, the courts in India come in contact with the different questions involving a document. And the courts found different situations, one in which the document produced is a fake document, not having any legal sanctity and is not issued by any competent authority but the accused has made it on its... Continue Reading →
INTRODUCTION:Land disputes has to be adjudicated upon by the Civil Court because these issues are Civil in nature i.e. between two parties on a civil issue example possession of the land, tittle of the land etc. What happens when in some cases the party involve violence to possess the land, or breach the peace, in... Continue Reading →
Introduction- Article 14 of the Constitution of India comes under Part III of the constitution i.e. fundamental rights. The basic human rights of every citizen of India are guaranteed under fundamental rights. The rights are implemented by the courts and are subject to some reasonable limitations. One of such fundamental rights is equality before law,... Continue Reading →
Whether Magistrate u/s 156(3) CrPC can directregistration of FIR when inquest proceedings are pending. An examination of provisions of Chapter XII of CrPC shows that it provides for twotypes of investigation. The first begins with information in cognizable offences referred inSection 154(1) culminating in registration of FIR and ends with the filing of charge sheet/challan... Continue Reading →
Introduction: - Article 14 talks about equality in wider sense, article 15 promotes equality and prohibits discrimination on specific grounds and Article 16 is the narrowest in all three, which talks about equality limited to employment and appointment matters. Ambedkar while debating on article 16 quotes it as compensatory benefit, for the upliftment of sections... Continue Reading →
It is something new to many facebook users. Target gift cards scam is taking rounds on internet and is effecting the interest of many users now on facebook too. Many users who are hardcore bargainers attract towards the free gift cards for shopping and eventually end up regretting their decisions. What exactly happens is that... Continue Reading →
Aishwarya Sandeep 