Usufructuary Mortgage- General Principles
In Ram Kishan v. Shio Ram (2007), the court said that, “the provisions of the Act in respect of usufructuary mortgage are required to be interpreted keeping in view the…
Admissibility and Evidentiary Value of Judicial Confession
In Balwinder Singh v. State of Punjab , Supreme Court stated the principle that an extra-judicial confession, by its very nature is rather a weak type of evidence and requires…
The Meaning of ‘Status Quo’ in Property-related Orders
The parties are (or a party is) normally directed to maintain status quo in regard to a property, so that the position does not get altered or become irreversible pending…
Identification Parade- Value as an evidence
Identification Tests do not constitute substantive evidence As was observed by Supreme Court in Matru v. State of U.P. (1971 (2) SCC 75) identification tests do not constitute substantive evidence.…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
Termination of Tenancy on Natural Calamity- Determination
Definition of Lease Chapter V, of the Transfer of Property Act, 1882 (for short T.P. Act) deals with leases of immovable property. Section 105 defines lease as “Section 105 —…
Reservation more than 50%- When it started and what is its significance?
MR Balaji v. State of Mysore (1962), In MR Balaji v. State of Mysore (1962), a Constitution Bench of Supreme Court rejected the argument that in the absence of a…
The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Meaning of ‘Backward Class’- An Insight from Constitutional Assembly Debates
An Excerpt from Indira Sawhney Judgment It must be noted what is said during these debates is not conclusive or binding upon the court because several members may have expressed…