Partition under Mitakshara School
INTRODUCTION The word partition basically means bringing joint status to an end. Before codification of Hindu succession act, 1956 the ancient schools of Hindu law i.e. Dayabhaga and Mitakshara, regulated…
Arrest and Detention under CPC- Constitutional Validity
A modern Shylock is shacked by law’s humane hand-cuffs.- Justice Krishna Iyer An appeal was filed by Judgement debtor against the order of detention passed under Order 21, Rule 37…
Gian Kaur v. State of Punjab (1996)- The question on the ‘Right to Die’
‘Gian Kaur v. State of Punjab (1996)’ is the case when the Supreme Court examined the Constitutional Validity of Section 306 (Abetment of Suicide) of IPC. The facts of the…
Are Departmental Proceedings and Police Investigations Different in Criminal Law?
The standard of proof required in recording a finding of conviction in a criminal case and in a departmental proceeding are distinct and different. Whereas in a criminal case, it…
Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis?
In the case of ‘Shehammal v. Hasan Khani Rawther (2011)’ Supreme Court had occasion to consider this question. The court had three questions to consider in this case, which are…
MahaRERA: De-registration of Real Estate Projects
Introduction The Real Estate (Regulation and Development) Act, 2016 (for short, “RERA”) which came into force on 1st May, 2017 has been enacted in the larger public interest for the…
Sub Judice- Section 10 of the CPC
Section 10 of the Code which is relevant for the purpose reads as follows: “10. Stay of suit.- No Court shall proceed with the trial of any suit in which…
The principle of lost grant
The principle of lost grant is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of…
The application of Res Judicata at subsequent stages of same proceeding, and Differences between ‘Res Judicata and Issue estoppel’
Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…
Jurisdiction through consent and waiver- The limitations under CPC
Sections 15 to 20 of the Code contain detailed provisions relating to jurisdiction of courts. They regulate forum for institution of suits. They deal with the matters of domestic concern…