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
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
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
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
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
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
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
Possession Author: Zainul Rizvi Introduction Possession is the oldest relation of man with property[1]. In earlier times this was the best title over the property. Whoever gets the possession gets the property. Later on, with the development of civilization possession is regulated to the second place and ownership becomes the best title so at present
Ownership Author: Zainul Rizvi Introduction. The concept of ownership relates to the title of the property like who will have the better title over the property at present. Ownership is the best title of the property and if the owner is not present then the possession will be considered as the second-best title over
Legal Personality Autor: Zainul Rizvi Legal personality is a medium through which some such units are created in whom rights can be vested – G.W. Paton Origin of the term Legal Personality The word person has been derived from the Latin word Persona which means mask. In olden times before the 16th century, people wore
Sources of Law Author: Zainul Rizvi What is law? The term law means different kinds of Principles and rules. It is an instrument that regulates behavior and human conduct. In simpler sense Law means a set of rules that governs the state or set of rules which describe the proper functioning of a state. According
Theories of Punishments Author: Zainul Rizvi WHAT IS PUNISHMENT? Section 53 of the Indian Penal Code enumerates various kinds of punishments to which the offenders are liable under the Penal Code. The main purpose of the administration of criminal justice is to punish the offenders. It is the state which punishes criminals. Punishment is the
HISTORICAL SCHOOL OF JURISPRUDENCE Author: Zainul Rizvi Reason for the emergence of Historical School of Jurisprudence The revolutionary ideas of positive legal thinking had a very devastating effect as they failed to meet the needs of the people which led to the emergence of a new approach to the study of jurisprudence based on history
An Introduction of Jurisprudence Author: Zainul Rizvi The word “jurisprudence’’ is derived from a Latin word jurisprudentia, which means ‘Knowledge of law’. Thus jurisprudence signifies knowledge of the law and its application, It covers the whole body of legal principles in the world. In England during the formative era, the term ‘jurisprudence’ was being used
JUDICIAL INTERVENTION IN ARBITRATION LAW IN INDIA Author: Sankalpita Pal Introduction The evolution of arbitration law in India has a long-running history. Modern Arbitration was first introduced during British India in 1772 through the Bengal Regulations. However, the eventually Arbitration and Conciliation Act, 1996 came into being. In the initial stage, when a dispute arises
