Reference and Revision (397-405)

REFRENCE AND REVISION: 397-405 Author: Ayushi Ranade INTRODUCTIONThe manner of crook justice has some serious penalties on an individual’s life, especially on the proper to existence and non-public liberty. Each and each group constructed through people is susceptible to fallibility, therefore, this applies to the selections rendered by way of courts as well. Resultantly, there

Charge in CrPC

Charge in CrPC Author: Abhay Saxena, Bharati Vidyapeeth New Law College, Pune Introduction: Under section 2(b) CrPC, 1973 ‘charge’ includes any head of the charge once the charge contains additional heads than one. Thence it may be taken that once a charge contains over one head, the top of charges is likewise a charge. Legal

Indian Young Lawyers Association v. The State of Kerla

INDIAN YOUNG LAWYERS ASSOCIATION V. THE STATE OF KERALA Author: Sankalpita Pal Case Details Court Name- Supreme Court of India Citation- (2019) 11 SCC 1; 2018 (8) SCJ 609 Decided On- 28.09.2018 Hon’ble Judges/Coram- JusticesDipak Misra, A.M. Khanwilkar, Rohinton Fali Nariman, Dr. D.Y. Chandrachud and Indu Malhotra. Fact Matrix Backdrop of Sabarimala Temple Sabarimala Temple is

Join and Constructive liability

Joint and Constructive Liability Author: Yukti Gupta 1.       Introduction The concept of criminal liability generally states that if any criminal act is done by a person then he is solely responsible for such activities and only he can be held guilty for the same. However, there are few provisions[1] laid down under Indian Penal Code

Forgery

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 police and the power to Investigate

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

UNIDROIT Principle

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

Conditional transfer under TPA

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

The doctrine of priority in TPA, 1882

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

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

Possession

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

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

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

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