Section 72 of the Indian Contract Act, 1872
Section 72 enacts : “A person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it.” This section makes no distinction…
Section 498-A of IPC- Its Introduction and the Object
Section 498-A was brought into the statute book in the year 1983. The objects and reasons for introducing section 498A IPC can be gathered from the Statement of Objects and…
The Sealed Cover Procedure under Service Law
The “sealed cover procedure” is adopted when an employee is due for promotion, increment etc. but disciplinary/criminal proceedings are pending against him at the relevant time and hence the findings…
The Established Legal Principles related to Compassionate Appointments
The Scheme of Compassionate Appointment, 1993 was introduced by the appellant in supersession of all earlier circulars, instructions and guidelines. The objective of the scheme reads as follows: “Objectives: The…
Right of the Partition of a Coparcenary
The right to claim partition is a significant basic feature of the coparcenary, and a coparcener is one who can claim partition. The daughter has now become entitled to claim…
Acquisition of Rights in Coparcenary Property by a Daughter
Under the proviso to section 6 before the amendment made in the year 2005 in case a coparcener died leaving behind female relative of Class I heir or a male…
Right of Daughter as a Coparcener before the Hindu Succession (Amendment) Act, 2005
The daughter is treated as a coparcener in the same manner as a son by birth with the same rights in coparcenary property and liabilities. However, the proviso of sub-section…
The concept of retrospective and retroactive statute
The prospective statute operates from the date of its enactment conferring new rights. The retrospective statute operates backward and takes away or impairs vested rights acquired under existing laws. A…
The Introduction of Section 6 of Indian Succession (Amendment) Act, 2005
Section 6 of the Amendment Act, 2005 was proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters…
Unobstructed and obstructed heritage in Mitakshara Coparcenary
In Mitakshara coparcenary, there is unobstructed heritage, i.e., apratibandha daya and obstructed heritage i.e., sapratibandha daya. When right is created by birth is called unobstructed heritage. At the same time,…