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Lawyersclubindia Articles

Doctrine Of Cypress In WAKF

  Vrinda    23 April 2022 at 12:33

KEY TAKEAWAYS A Muslim can give away his property, create a wakf, or use his testamentary powers, such as establishing a Will,under Islamic law. It is permissible for a Muslim to make a wakf, according to Section 3 of the Wakf Act 1955. A waqf can be ..

Posted in Others |   426 Views

The Deal With Wagering Agreements And Contingent Contracts

  Vrinda    23 April 2022 at 12:33

KEY TAKEAWAYS According to Section 2(h) of the Indian Contract Act, a contract is an agreement that is legally binding. In other words, a contract is a piece of paper signed by two parties that is legally binding. The term wager refers to betting in ..

Posted in Others |   216 Views

Exceptional Hardship And Depravity Under Section 14 Of The Hindu Marriage Act

  Vrinda    21 April 2022 at 12:46

KEY TAKEAWAYS The Hindu Marriage Act allows either party to divorce on the grounds of unhappiness or if the marriage is no longer tenable. A divorce petition can normally only be submitted one year from the date of registration of marriage. However, ..

Posted in Others |   251 Views

Contractual Competency Of A Minor

  Vrinda    21 April 2022 at 12:46

KEY TAKEAWAYS Any person who is 17 years and 364 days old will be viewed as a minor in the eyes of law. The age of majority has been decided by the Indian Majority Act of 1875. As per the Indian Contract Act of 1872. Minors are incompetent to hold an ..

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Sessions Court As A Court Of Original Jurisdiction

  shraddha Easwaran    20 April 2022 at 14:39

KEY TAKEAWAYS The Sessions Court is established according to Section 9 of the CrPC. According to Section 209, a Magistrate takes cognizance of a crime. Articles 233-237 deal with subordinate courts. From Section 225 through Section 237, the procedure ..

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Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision: SC

  Sanjeev Sirohi    20 April 2022 at 12:39

In a very significant, straightforward and stimulating judgment titled Jagjeet Singh & Ors vs Ashish Mishra @ Monu & Anr in Criminal Appeal No. 632 of 2022 [Arising out of Special Leave Petition (Crl.) No. 2640 of 2022] and cited in 2022 Live ..

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A 'Different' Series #17: Fraud Vs Misrepresentation

  Sharmishta    20 April 2022 at 11:32

Difference between Fraud and Misrepresentation BASIS FRAUD MISINTERPRETATION Statute Section 17 of the Indian Contract Act, 1872 defines the term 'fraud.' Section 18 of the Indian Contract Act, 1872 define ..

Posted in Others |   275 Views

A 'Different' Series #16: Acquittal Vs Discharge

  Sharmishta    20 April 2022 at 11:31

Difference between Acquittal and Discharge BASIS AQUITTAL DISCHARGE Definition Acquittal is when the accused is proven innocent by the court after evaluating all the facts and evidence presented in this case and is ..

Posted in Others |   392 Views

Adoption Rights Of A Widow: Then Vs Now

  Vrinda    19 April 2022 at 12:51

KEY TAKEAWAYS The doctrine of relation back was prevalent in uncodified old Hindu law, according to which a son adopted by a widow relates back to the widow's deceased husband, and the son is entitled to the estate of his deceased adoptive father ..

Posted in Others |   248 Views

A 'Different' Series #15: Mortgage Vs Charge

  Sharmishta    19 April 2022 at 10:13

Difference between Mortgage and Charge BASIS MORTGAGE CHARGE Statute Mortgage is defined under Section 58 of the Transfer of Property Act of 1882. Charge is defined in Section 100 of the Transfer of Property Act, ..

Posted in Others  1 comments |   260 Views

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