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…
Section 364A- Historical Background of Provision on Kidnapping for Ransom
Before discussing further Section 364A, it is relevant to mention what 364A talks about. Section 364A of IPC states as follows- 364A. Kidnapping for ransom, etc.— “Whoever kidnaps or abducts…
Curative Petition Jurisdiction of Supreme Court
The creation of curative jurisdiction by Supreme Court is based on the Constitution Bench judgment in Rupa Ashok Hurra vs. Ashok Hurra, 2002 (4) SCC 388. Prior to the said…
Offence of criminal conspiracy under section 120A
Agreement, concert or league The offence of criminal conspiracy under section 120A is a distinct offence introduced for the first time in 1913 in Chapter VA of the Penal Code.…
General principles embodied in the Penal Code, governing the exercise of the right of private defence
The Indian Penal Code excepts from the operation of its penal clauses large classes of acts done in good faith for the purpose of repelling unlawful aggression but this right…
Supreme Court denounces Borrowers’s attempt to evade legal obligations through baseless FIRs
Case overview: In a significant reaffirmation of the rule of law, the Hon’ble Supreme Court of India recently struck a decisive blow to frivolous attempts at weaponizing criminal law to…
Interest Awards in Arbitration: Section 31(7) Explained
Section 31(7) of the Arbitration and Conciliation Act, 1996, governs the award of interest in arbitral proceedings, providing both default provisions and flexibility for parties to agree upon terms. This…
Arbitration in India: Navigating Delays and the Role of Limitation Periods
The Arbitration and Conciliation Act, 1996, lays down a robust framework to address delays, ensure timely invocation of arbitration, and enforce the limitation period through sections such as 8, 11,…