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12Oct 2018 by Reese Bannister

Summary of the leading case Tagore v. Tagore (1872) 9 Beng. L.R. 337 I.A. Sup. Vol. 47: 13 WR 45.

Law

Prasanna Kumar Tagore died leaving considerable properties. He left the only son Ganendra Mohan Tagore, the plaintiff. Image Source: upload.wikimedia.org ADVERTISEMENTS: After making provisions for the maintenance of his son, he proceeded to vest the whole property both ancestral and self acquired in trustees and bequeathed the beneficial interest in the following manner:1. Jitendra Mohan for life.2. Jitendra’s eldest son for life, born during the testator’s life-time.At the death of the testator, Jitendra had no sons. Surendra was alive. ADVERTISEMENTS: The main objections of the plaintiff were as follows:(1) It was invalid as to the ancestral estate.(2) The grant of the mere life-estate is illegal in Hindu Law.(3) The grant to Jitendra’s unborn son is invalid. ADVERTISEMENTS: (4) Every other grant after this invalid.(5) The creation of the trust is…

12Oct 2018 by Reese Bannister

Legal Provisions In Regard To the Property Held by A Female By The Hindu Succession Act (Amendment)

Marriage

The term woman’s estate in its larger connotation means all property which has come to a woman by any means and from any source whatsoever, and includes both property in which she has absolute estate (Stridhan) and property in which she has only a limited interest The term “woman’s estate” in this chapter is used only in the latter sense of property in which she takes only a limited or qualified interest. Such property is either property inherited by a woman or property which has been allotted to her in a partition to her husband’s family [Devi Mangal Prasad v. Mahadeo Prasad, 34 I.A. 234]. Image Source: hinduism1om1.files.wordpress.com ADVERTISEMENTS: It was only in the Stridhan property that a female had a full right. But acquisitions by way of Stridhana property…

12Oct 2018 by Reese Bannister

What are the general provisions relating to succession as provided Under Hindu Succession Act, 1956

Family Members

General provisions relating to succession:Section 18 to 29 of the Hindu Succession Act, 1956 lay down general rules of succession. These may be enumerated as follows: Image Source: richardsesq.files.wordpress.com ADVERTISEMENTS: 1. Full blood heirs to be preferred to half blood heirs:Section 18 lays down that heirs related to the propositus by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.Section 18 of the Hindu Succession Act is nothing but a substantial reproduction of the prevalent rule of Hindu Law under which relations of the whole blood were preferred to those of the half blood. If their degree or relationship to the deceased was the same, Section 18 provides for a preference of one category of…

12Oct 2018 by Reese Bannister

The general rules of succession in the case of males as provided for in the Hindu Succession Act

Law

General rules of succession in the case of males:Sections 8 to 13 of the Act mention the general rules of succession in the case of males. It will be worthwhile to reproduce them here to comprehend the subject properly. Image Source: yourpocketmoney.com ADVERTISEMENTS: 1. The property of a male Hindu dying intestate shall devolve:(a) First, upon the heirs, being the relatives specified in class I of the Schedule;(b) Secondly if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the schedule;(c) Thirdly, if there is no heir of any of the classes, then upon the agents of the deceased; and ADVERTISEMENTS: (d) lastly, if there is no agnate, upon the cognantes of the deceased. [Sec. 8].2. Order of succession among…

12Oct 2018 by Reese Bannister

Difference between “Torts” and “Crime” (Explained with Example)

Criminal Law

“All wrongs are not torts.” Tort is a civil wrong However; every civil wrong is not a tort. There is a lot of differences between a tort and a crime; between a tort and a breach of contract; between a tort and breach of trust; and between a tort and a quasi-contract. First let us see the differences between a tort and a crime, which are given hereunder: image source: murphycampbell.com Torts 1. A tort is a species of a civil wrong; it gives rise to civil proceedings. ADVERTISEMENTS: 2. In a tort, the plaintiff is the injured party.3. A tort is violation of the private rights of an individual.4. The wrong-doer is liable to pay compensation to the injured party.5. The purpose of awarding compensation to the injured party…

12Oct 2018 by Reese Bannister

Difference between Shia and Sunni Law of Marriage and Divorce

Marriage

1. Under the Sunni law, a marriage contracted in the absence of witnesses is invalid. Under the Shia law, the presence of witnesses is not necessary.2. A Sunni Muslim can marry not only a Muslim woman, but also a Kitabia i.e. a Jewess or a Christian. However, under Shia law, a marriage between a Muslim male and a non-Muslim female is unlawful and void.3. A Sunni Muslim cannot marry his wife’s aunt or his wife’s niece (on the ground of unlawful conjunction). However, a Shia Muslim can marry his wife’s aunt; he can even marry his wife’s niece, but only with his wife’s permission. Image Source: mustbethistalltoride.files.wordpress.com ADVERTISEMENTS: 4. Under Sunni law, marriages may be void, or they may be irregular. The Shia law, however, does not recognise this distinction…

12Oct 2018 by Reese Bannister

The Shariat Act, 1937, is Landmark Legislation in the History of Muslim Law

Marriage

The place of the different enactments authorising and regulating the application of Muslim law to Muslims in the different States of India is now taken by the Muslim Personal Law (Shariat) Application Act, 1937. The object of the Act is, as its Preamble states, “to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in India.” The Act came into force on 7th October, 1937.Under this Act, it is provided that, notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females (including personal property inherited or obtained under contract or gift or any other provision of personal law), marriage, dissolution of marriage, including talaq, ila, zihar, Han, khula and mubara’at, maintenance, dower,…

12Oct 2018 by Reese Bannister

Method of Determination of Packed Cell Volume (PCV)

Essays

When anti-coagulated blood is centrifuged at a standard speed, erythrocytes, which are heavier than white cells and plasma, will settle down at bottom. This red cells volume is known as Haematocrit or Packed Cell Volume (PCV). Source Image:cnx.org/Haematocrit or PCV is the volume of red cells expressed as a percentage of whole blood. ADVERTISEMENTS: Methods:There are two methods, used for the determination of haematocrit:1. Macrohaematocrit2. Microhaematocrit Macrohaematocrit: ADVERTISEMENTS: A large volume of blood is required in this method. Approximately 2 to 4 ml is required.Principle:Anticoagulated blood is taken in a Wintrobe tube. Fill upto the uppermost mark and then rotate for desired length of time.The packed cell volume (PCV) of red cells is directly read from the graduated tube as %. ADVERTISEMENTS: Requirement: 1. Blood specimen: EDTA or double oxalated…

12Oct 2018 by Reese Bannister

What is Nightingale Ward? – Explained!

Nursing

The traditional nursing unit was based on the ward concept established by Florence Nightingale, which centred on the head nurse. It was a self contained unit for 35 to 40 or more patients, with its own kitchen and arrangements for all stores and supplies, where the nursing sister was the matriarch who combined the role of housewife with that of nurse.The Nightingale ward was a pavilion type of ward and consisted of patient beds in two rows at right angles to the longitudinal walls, with toilets and bathrooms at one end, and the nurse’s table, doctor’s room and other technical facilities at the other end.Nurses had to walk long distances to attend to patients. Subsequently, the nurse’s table saw a shift towards the centre of the ward, and the toilets…

12Oct 2018 by Reese Bannister

What are the Effects of Conversion to Islam under Muslim Law?

Marriage

On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion. (Advocate-General of Bombay v. Jimbabai, I.L.R. (1917) 41 Bom. 181)Thus, an Indian Christian domiciled in India can, after his conversion to Islam, legally contract a second marriage with a Muslim woman while his former marriage with a Christian woman is still subsisting. (John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v.…