CRITICAL ANALYSIS OF SECTION 8 OF SPECIFIC RELIEF ACT , 1963 Author: Amisha Jain, TMU, Moradabad. INTRODUCTION : Section 8 of Specific Relief Act states that “if a person has their control or possession on any movable property which is in dispute, are held liable to transfer the said property to the person who is
Author: Amisha Jain RULE AGAINST PERPETUITY INTRODUCTION: Perpetuity basically refers to something which is perpetual or unending in nature. The Rule against Perpetuity is a basic rule of the Transfer of Property Act, by which a person can enjoy the rights in respect of his property during their lifetime. However, the Rule Against perpetuity imposes
PROCESS OF RECOVERY UNDER SPECFIC RELIEF ACT Author: Akshat Garg INTRODUCTION A large number of remedial aspects of the law have been taken care of by the Specific Relief Act of 1963. Generally, remedies are often provided by substantive law which defines the rights and duties. For example, the law of contract provides the remedy
How to prepare for Bihar and other states Judicial Service examination, Part-1 Author: Mr. Pratik Sagar, (Civil Judge, 30th batch, Bihar) Hello, hope you are doing fine! If you are reading this article, it means either you are preparing for coveted judicial service examination or maybe you are still in the decision making process to
Registration of domain name as trademarks Author: Shubhank Suman, National Law University, Odisha. The internet “domain name” is now much wider than simply representing website addresses on the internet. In this period of highly developed IT, these domain names have become an identifier and promoter of companies. As the Internet is growing day after day,
LET THE SOLES OF HER FEET BLEED ‘TIL SHE BEGS TO RIDE THAT BUS Author: Ashutosh Kumar, CNLU Patna Introduction They were sixteen of them, the best and the bravest of the hero’s companions. Lifted their luggage, struggling, into the air, to hear their screams and the desperate repetition of names of the Gods. When
Author: Amisha Jain Types of Contract INTRODUCTION A Contract may be defined as any agreement made among parties to the contract which legally binds them to do or abstain from doing something. As per Section 2(h) of Indian Contract Act, 1872 “ Any agreement enforceable by law is a Contract” Many jurists have defined contract
Author: Amit Singh Case- Khatri vs. State of Bihar (The Bhagalpur Blinding case) Citation: 1981 SCR (2) 408, 1981 SCC (1) 627 Court: The Supreme Court of India Bench: P.N. Bhagwati, Writ petition no. : 5670 and 6216 of 1980 Decided on: 31th March 1981 Introduction Rights are the fundamental normative rules about what is
Author: Mansi Rana Rudul Sah vs. State of Bihar(1983) 4 SCC 141 BENCH: HON’BLE JUSTICE Y. V. CHANDRACHUD (CJI) HON’BLE JUSTICE A. N. SEN HON’BLE JUSTICE R. B. MISRA APPELLANT: RUDUL SAH RESPONDENT: STATE OF BIHAR AND ANR. DATE OF JUDGEMENT: 01 AUGUST 1983 FACTS:- In 1953, Rudul Sah was arrested for murdering
Author: Akshat Garg FACTS WHICH NEED NOT BE PROVED Section 56 to 58 of the Indian Evidence Act, 1872 lays down provisions relating to facts which need not be proved. Here are the facts which should not be proved in any court of law. 1. FACTS JUDICIALLY NOTICEABLE NEED NOT BE PROVED (SECTION- 56): Section 56
ABETMENT Author: Akshat Garg INTRODUCTION Law keeps a check on human behavior. It categorizes them into criminal and non-criminal behaviours. However, every non-criminal behaviour even something as simple as buying a knife for your kitchen becomes criminal when there are criminal intentions behind it. The concept of abetment widens the horizons of criminal law to incorporate
TRIAL OF SUMMON CASES Author: Amisha Jain INTRODUCTION: The Criminal Procedure Code, 1973 as the name itself suggests, is a law that deals with the criminal procedure. In this article, we will study about Summon and the procedure relating to the trial of Summon cases before the Magistrate. The term ‘Summon’ is defined under sec
RAPE Author: Akshat Garg INTRODUCTION Rape is one of India’s most common crimes against women. It is reported that every 20 min, a woman is raped in India. The majority of reports reveal that female youth are a vulnerable group for rape victimization. According to experts, only 10% of rapes are reported, and the conviction
TRIAL BEFORE SESSION COURT Author: Akshat Garg INTRODUCTION Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it deals with the more serious warrant cases. It cannot take cognizance directly of any offense except in cases of defamation as given u/s 199 of CrPC. In rest
DEATH WARRANT INTRODUCTION: India is a developing country with an increasing rate of crime. There are various laws in India to regulate or stop crimes, even after having these laws the crime rate in India is still increasing because the punishments are not sufficient for the crimes. All the punishments have some motive
