The Proportion between Crime and Punishment
This is an excerpt from the judgment State of Karnataka v. Puttaraja. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people…
The Power of the Governor to appoint District Judge
The power of appointment of persons to be District Judges conferred on the Governor, meaning the State Government, under Article 233(1) in consultation with the High Court is an executive…
Charge under Section 100 of Indian Contract Act and its distinction with Mortgage
Under Indian Contract Act, the provision of charge reads as under: – “100. Charges.- Where immoveable property of one person is by act of parties or operation of law made…
Equitable Mortgage- Provisions under Indian Law and Procedure of Creation
There may be instances where the parties agree to mortgage a property as security, but no formal charge or conveyance of any proprietary interest in the said property has taken…
Nature of an Equitable Mortgage
Under the English Law, the two primary ways for creating an ‘equitable mortgage’ is either (i) by deposit of the original title deeds to the subject property with the lender…
The Concept and Origin of Equitable Mortgage
Under the English Law, broadly there are two kinds of mortgages; (i) a legal mortgage and (ii) an equitable mortgage. A ‘legal mortgage’ entails creation of a charge by way…
Are GPA Sales Valid? – The Suraj Lamp Case
In Suraj Lamp & Industries Pvt.Ltd. v. State of Haryana & Anr. – 2009 (7) SCC 363], The Supreme Court had referred to the ill – effects of what is…
Re-Trial- Section 386 of CrPC, 1973
Section 386 of the CrPC, 1973 “386. Powers of the Appellate Court .-After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor…
Emerging need for a distinct Sentencing Policy in India
The 47th Report of the Law Commission of India , Report by the Committee on Reforms of Criminal Justice, Chaired by Dr. Justice V.S. Malimath, (2003), Report by the Committee…
Ashburner’s Principles of Equity
The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.