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Lawyersclubindia Articles


Value of Motive under criminal Law

  Swami Sadashiva Brahmendra Sar   08 June 2009 at 21:32

In the case of State of H.P. Vs. Jeet Singh reported in (1999) 4 SCC 370 : (AIR 1999 SC 1293), the Apex Court held that: "No doubt it is a sound principle to remember that every criminal act was done with a motive but its corollary is not that n ..


Posted in Criminal Law |   2443 Views


Kartha - Powers and Liabilities

  G. ARAVINTHAN   07 June 2009 at 22:43

Powers Of KartaWhen we enumerate the powers of karta, the real importance of his legal position comes into clear relief. His powers are vast and limitations are few. The ambit of his powers can be considered under two heads: - (a) power of alienatio ..


Posted in Family Law |   7088 Views


Female member as KARTHA

  G. ARAVINTHAN   07 June 2009 at 22:43

Female Members As KartaThe concept of a “manager” of a Joint Hindu Family has been in existence for more than two thousand years or more. Courts in India have given diverse views: -C.P. Berai v. Laxmi Narayan AIR 1949 Nag 128It was held ..


Posted in Family Law |   4664 Views


Right to information Act

  G. ARAVINTHAN   07 June 2009 at 22:43

Should Right To Information Have Been Granted As A Fundamental Right?Introduction:Since June 2005, when Right to Information Act, was passed, it has been hailed as the hallmark of democracy for the reasons that it purports to make, as regards governm ..


Posted in Constitutional Law |   1926 Views


Who Can Be A Karta?

  G. ARAVINTHAN   07 June 2009 at 22:43

Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.Jandhayala Sreeamma v. Krishnavenamma AIR 1957 A.P.434In the case of Hindu Joint Family a suit to set aside on ..


Posted in Family Law  1 comments |   4919 Views


Position Of Woman

  G. ARAVINTHAN   07 June 2009 at 22:43

After Enactment Of Hindu Succession Act, 1956After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956 (hereinafter called the HSA). This ..


Posted in Constitutional Law |   3579 Views


Conspiracy as a Tort

  G. ARAVINTHAN   07 June 2009 at 22:43

There are two sorts of conspiracy: the Quinn v. Leathem type which employs only lawful means but aims at an unlawful end, and the type which employs unlawful means. Thus the tort can take the form of unlawful conspiracy, where the combination uses u ..


Posted in Constitutional Law |   1976 Views


One Sentence Tribute To The One Life One Individual Has

  G. ARAVINTHAN   07 June 2009 at 22:43

Capital PunishmentUnlike animals, human beings in the course of time have upgraded their social standards in which they reside and where they can claim to be proud residents of a protective society, where they have a prerogative claim to basic civic ..


Posted in Criminal Law |   912 Views


Principle of Hedley Byrne

  G. ARAVINTHAN   07 June 2009 at 22:43

The true width of the Hedley Byrne principle was obscured until recently by the facts and background to the case. A case of pure economic loss, it also involved careless advice. As such, liability had to be reconciled with the decision in Derry v. P ..


Posted in Civil Law |   11284 Views


Rights of Victims under Criminal Justice System

  G. ARAVINTHAN   07 June 2009 at 22:43

The victim’s rights rests on a kind of social contract theory, perhaps captured in the preamble to Louisiana’s 1985 victim’s rights legislation:In recognition of the civic and moral duty of victims . . . of crime to cooperate fully ..


Posted in Criminal Law |   1716 Views