Day: July 2, 2020

Forgery

July 2, 2020

Author: Yukti Gupta FORGERY Introduction Forgery is a materially false making or alteration of a written document or electronic record with the intent of defrauding someone. Forgery has been dealt in detail in Indian Penal Code (hereinafter referred as IPC) from section 465 to 477A, which apart from defining and providing punishment to be inflicted […]

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Information to police and the power to Investigate

July 2, 2020

INFORMATION TO THE POLICE AND THE POWER TO INVESTIGATE (SECTION 154-176 OF CrPC) Sankalpita Pal Introduction In common parlance, investigation and inquiry are used interchangeably. However, the Code of Criminal procedure, 1973 (hereinafter known as CrPC or the Code) treats these two words quite differently. The information of either a cognizable offence or a non-cognizable […]

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UNIDROIT Principle

July 2, 2020

IMPORTANCE OF UNIDROIT PRINCIPLES IN INTERNATIONAL COMMERCIAL CONTRACT LAW Author: Sankalpita Pal Introduction The Principles of International Commercial Contracts 2016 also known as PICC in short is currently in its 4th edition. These sets of principles govern International commercial contracts. They were drafted by an inter-governmental organization known as UNIDROIT. It stands for the International […]

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Conditional transfer under TPA

July 2, 2020

THE TERM ‘CONDITIONAL TRANSFER UNDER TPA’ Author: Yukti Gupta INTRODUCTION Section 5 of Transfer of Property Act, 1882 (hereinafter referred as the Act) defines the transfer of property as an act by which a living person conveys/transfers property to one or more living persons in the form of sale, exchange, gift, mortgage, lease, actionable claim […]

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The doctrine of priority in TPA, 1882

July 2, 2020

DOCTRINE OF PRIORITY UNDER TRANSFER OF PROPERTY ACT, 1882 Author: Sankalpita Pal Introduction The doctrine of Priority is an interesting concept that has been statutorily implemented in the Transfer of Property Act, 1882(hereinafter referred to as TPA) under Section 48. This article will deal with how the conflicting rights created over a particular property can […]

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Mr. X Vs. Hospital Z

July 2, 2020

Mr. ‘X’ Vs. Hospital Z (1998) 8 SCC 296 Author: Yukti Gupta Coram- S. Saghir Ahmad and B.N. Kirpal, JJ. Decided on- September 21, 1998 Judgment Delivered by Justice S. Saghir Ahmad INTRODUCTION HIVAIDS is not just a medical problem, it affects social and economic development too. It has an impact on the legal order […]

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Analysis of injunction under special relief act, 1963

July 2, 2020

ANALYSIS OF INJUNCTION UNDER SPECIAL RELIEF ACT, 1963 Author: Sankalpita Pal, Symbiosis Law School, Pune Introduction An injunction is an equitable remedy given by courts of justice that requires a party to do, or to refrain from doing, certain acts. A failure to comply with injunction results in either criminal or civil penalties in the […]

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