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The Transfer of Property Act, 1882, governs the transfer of property in India and lays down the legal framework for such transactions. It defines what can and cannot be transferred, ensuring that only legally valid and fair transfers take place. While property of any kind can generally be transferred, there are certain exceptions where the law prohibits transfer due to the nature of the property, public interest, or the rights of specific individuals. Section 6 of the Act lists these....
Read MoreIn a significant ruling, the Supreme Court of India has clarified that while interest is typically awarded in commercial disputes under Section 34 of the Civil Procedure Code (CPC) to compensate for the time value of money, it may be denied in cases where a party's conduct undermines judicial integrity. The Case at Hand A bench comprising Justices Surya Kant and Ujjal Bhuyan, in the case of M/s. Tomorrowland Limited vs. Housing and Urban Development Corporation Limited & Another [2025....
Read MoreIntroduction The concept of notice is essential in property law, as it determines whether a person is legally aware of certain facts related to a transaction. Under the Transfer of Property Act, 1882, the term notice is defined under Section 3, which explains when a person is considered to have knowledge of a fact. The importance of notice lies in the fact that once a person is deemed to have notice of a fact, they cannot later deny its existence.....
Read MoreIntroduction The Supreme Court of India, in a landmark ruling, has strongly criticized the use of misogynistic language in judicial pronouncements, stated that terms like "illegitimate wife" or "faithful mistress" violate a woman’s fundamental rights under Article 21 of the Constitution of India. This decision comes in response to a Bombay High Court judgment that employed such derogatory expressions in a case concerning a void marriage. Background of the Case The case in question arose in the matter of Sukhdev....
Read MoreThe Supreme Court of India recently quashed charges of abetment of suicide under Section 306 of the Indian Penal Code (IPC)(Now Section 108 of Bharatiya Nyaya Sanhita,2023), emphasizing that for such charges to hold, the alleged harassment must be so severe that it leaves the victim with no alternative but to end their life. Additionally, it must be established that the accused had the intention to aid or abet the deceased in committing suicide. Understanding Abetment of Suicide under Section....
Read MoreIn legal terms, an actionable claim refers to a right that a person holds to recover a debt or a beneficial interest in property through a legal proceeding. Unlike tangible assets that can be physically possessed, an actionable claim exists as a legal right recognized by civil courts, allowing the claimant to seek relief. This concept plays a crucial role in property law, particularly in matters involving debts and claims over movable property. Definition Under Section 3 of the Transfer....
Read MoreAttestation plays a crucial role in property transactions, ensuring that the execution of a transfer document is genuine and legally valid. In the context of property law, attestation involves witnesses verifying that the transferor has signed or executed the deed of transfer. This process safeguards the legitimacy of property transfers and prevents fraudulent claims. Oral and Written Transfers Under the Transfer of Property Act Property can be transferred either orally or through a written document. Section 9 of the Transfer....
Read MoreThe long-standing legal battle surrounding the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura continues to unfold in the Allahabad High Court. The latest hearing, presided over by Justice Ram Manohar Narain Mishra, has now been scheduled for March 5, 2025, marking another critical juncture in this complex legal contest. Background of the Dispute The controversy revolves around the Shahi Idgah mosque, which is alleged to have been constructed during the Mughal era under Emperor Aurangzeb, purportedly after demolishing a temple at....
Read MoreThe Supreme Court of India has reaffirmed that merely informing the relatives of an arrestee does not satisfy the requirement of informing the arrestee of the grounds of arrest under Article 22(1) of the Indian Constitution. This decision prevents arbitrary arrests and upholds individual rights. Understanding Article 22(1) of the Indian Constitution Article 22(1) mandates that an arrested person must be informed of the grounds of arrest and has the right to legal representation. This provision ensures procedural fairness and....
Read MoreWhen a legal dispute arises, the first crucial step is determining where the lawsuit should be filed. The place of suing refers to the appropriate court where a case must be initiated. This ensures that the case is heard by a court with the right jurisdiction, leading to an efficient and fair resolution. The Code of Civil Procedure (CPC) provides clear guidelines on where legal actions should be instituted, preventing unnecessary delays and improper filings. Court of Proper Jurisdiction (Section....
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