Railway Receipts as Documents of Title: Legal Interpretation by Court
Under the Contract Act, delivery of goods by one person to another under a contract as security for payment of a debt is a pledge. Ordinarily delivery of tangible property…
Section 405 Criminal Breach of Trust- Main Ingredients
Section 405 talks about ‘Criminal Breach of Trust’. It states as follows- “405. Criminal breach of trust.— Whoever, being in any manner entrusted with property, or with any dominion over…
Criminal Conspiracy- How Acquittal of one affect the punishment of others?
Criminal conspiracy has been defined in section 120-A of the Indian Penal Code: – “When two or more persons agree to do or cause to be done (i) an illegal…
Order XLI Rule 27 C.P.C.- In Brief
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
Order XII CPC- In Brief
Order XII CPC deals with admission of the case, admission of the documents and judgment on admissions. Rule 1 thereof provides that a party to a suit may give notice…
Presumption under Section 114(g) of the Evidence Act
Generally, it is the duty of the party to lead the best evidence in his possession, which could throw light on the issue in controversy and in case such material…
Balancing Liberty and Justice: Judicial Parameters on Bail, Cancellation, and Speedy Trials
There is a vivid distinction between the parameters to be applied while considering a bail application, vis à vis those applicable while deciding a petition for its cancellation. In Puran…
Order 21 Rule 2 of CPC- In Brief
For proper appreciation, Order 21 Rule 2 of CPC is extracted hereunder: – “2. Payment out of Court to decree holder: – (1) Where any money payable under a decree…
Section 28 of Specific Relief Act- In Brief
For proper appreciation, Section 28 is reproduced hereunder: “28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been…
Vested and Contingent Interests: Key Provisions Under Transfer of Property Act and Indian Succession Act
Vested and Contingent Interest An interest is said to be a vested interest when there is immediate right of present enjoyment or a present right for future enjoyment. An interest…