11Oct 2018 by Reese Bannister

Section 487 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 487 of Indian Penal Code, 1860.Making a false mark upon any receptacle containing goods:Making a false mark upon any receptacle etc. containing goods has been punished under this section. The section states that whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause either any public servant or any other person to believe that such receptacle contains such goods which it does not contain or that it does not contain such goods which it does contain, or that the goods contained in such receptacle are of a different nature or quality than the real one, shall, unless he proves that he acted without intention to defraud, be punished with simple or rigorous imprisonment for a…
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11Oct 2018 by Reese Bannister

Section 488 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 488 of Indian Penal Code, 1860.Punishment for making use of any such false mark: This section punishes making use of any such false mark prohibited by the last foregoing section. It states that whoever makes use of any such false mark in any manner prohibited by section 487 shall, unless he proves that he acted without intention to defraud, be punished as if he had committed an offence against that section. Image Source: i.ytimg.com ADVERTISEMENTS: The section requires that the offender must make use of any such false mark in any manner prohibited by section 487 of the Code. The punishment is the same as stated in section 487, that is to say, simple or rigorous imprisonment for a term extending up to three years, or…
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11Oct 2018 by Reese Bannister

Section 422 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 422 of Indian Penal Code, 1860.Dishonestly or fraudulently preventing debt being available for creditors:This section punishes dishonestly or fraudulently preventing debt etc. being available for creditors. It says that whoever either dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of either his debts or the debts of such other person, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. Image Source: anzetsewere.files.wordpress.com ADVERTISEMENTS: Dishonest or fraudulent intention on the part of the offender must be proved. With such intention he must prevent any debt or demand either due to himself or to any other person from…
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11Oct 2018 by Reese Bannister

Section 423 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 423 of Indian Penal Code, 1860.Dishonest or fraudulent execution of deed of transfer containing false statement of consideration:This section punishes dishonest or fraudulent execution of deed of transfer containing false statement of consideration. It states that whoever either dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which either purports to transfer any property or subject to any charge any property or any interest in the property, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with…
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11Oct 2018 by Reese Bannister

13 General Principles of Inheritance under Muslim Law in India

Family Members
The 13 General Principles of Inheritance under Muslim Law are mentioned below: (1) Nature of the Heritable Property: Heritable property is that property which is available to the legal heirs for inheritance. After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e. wills, if any. After these payments, the remaining property is called heritable property. Under Muslim law, every kind of property may be a heritable property. Image Source: drdivaphd.files.wordpress.com ADVERTISEMENTS: For purposes of inheritance, Muslim law does not make any distinction between corpus and usufruct or, between movable and immovable, or, corporeal and incorporeal property. Under English law, there is some difference in the inheritance of movable and immovable property.But, under Muslim law there is no such distinction;…
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11Oct 2018 by Reese Bannister

Difference between Article 64 and Article 65 of Limitation Act

Art
Article 65 relates to suits for possession based on title while Art. 64 deals with suits based on possession and not on title. In the case of Art. 64, the onus lies on the plaintiff to prove his possession within 12 years, while in the case of Art. 65 it is for the defendant to prove when his possession became adverse. In a suit governed by Art. 64 the nature of possession is not material but under Art. 65 the possession to be a material is adverse possession of the defendant. Image Source: grandlifestyle.com ADVERTISEMENTS: In Ramaiah v. N.R. Narayana Reddy, (2004 AIR SCW 4695), it is pointed out by the Supreme Court that the Article 64 is restricted to suits for possession on dispossession or discontinuance of possession, whereas…
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11Oct 2018 by Reese Bannister

Kinds of Gifts under Muslim Law – Essay

Government
Kinds of Gifts under Muslim Law – EssayThe subject-matter of a gift is the property which is transferred by a donor to the donee. Any kind of property which the donor owns at the time of making the gift may be the subject-matter of gift. However, the property must be transferable under Section 6 of the Transfer of Property Act, 1882. Image Source: cc-ea.org ADVERTISEMENTS: As a matter of fact, any property (mal) over which ownership may be exercised, may be transferred through a gift. Gift is a transfer of ownership (absolute interest) of the property, therefore, the donor must own it at the time of the declaration.Once it is established that a person owns a property and he has right to transfer it, he can make a gift of…
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11Oct 2018 by Reese Bannister

‘Valuable Security’ Section 30 of IPC – Explained!

International Law
The words “valuable security” denote a document, which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not certain legal right. Image Source: bwh-koffer.deIllustration: ADVERTISEMENTS: A writes his name on the back of a bill-of-exchange. As the effect of this endorsement is to transfer of the right to the bill to any person who may become the lawful holder of it, the endorsement is a ‘valuable security’ (Section 30).Elements of valuable security:Valuable security requires certain things which are as follows:(i) Valuable security is a document. ADVERTISEMENTS: (ii) It is such a document whereby any legal right is created, extended, transferred, restricted or extinguished.(iii) It is a document…
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11Oct 2018 by Reese Bannister

Acts of Infant under Sections 82 and 83 of IPC – Explained!

Common Law
A child can commit no wrong (i) if he is below 7 years of age as he is at such age presumed to be not endowed with a sufficient maturity of understanding to be able to distinguish right from wrong, or (ii) if he is above 7 and below 12 but too weak in intellect to judge what is right or wrong. The principle of the law may be expressed in tabular form as follows: Image Source: ebenezerlearningcenter.comSection 82 says nothing is an offence which is done by a child under seven years of age and Section 83 says nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature…
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11Oct 2018 by Reese Bannister

“Right of Private Defence” – Section 96 of IPC – Explained!

Law
Nothing is an offence which is done in exercise of the right of private defence. Thus, right of a private defence is available against all persons, except against those which are mentioned in Section 99 and Section 97 defines that this right is available, under the restrictions contained in Section 99, to defend. Image Source: img11.deviantart.netFirst: ADVERTISEMENTS: His own body and the body of any other person, against any offence affecting the human body.Secondly: The property, whether movable or immovable property of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass or which is an attempt to commit theft, robbery, mischief or criminal trespass.When an act, which would otherwise be a certain offence, is not…
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