03Oct 2018 by Reese Bannister

Application for Compromise of a Civil Suit – Sample Format

Essays
Sample Application for Compromise(Order XXIII, Rule 3 C.P.C.)1. The first petitioner L. Rama Rao, is the plaintiff and the second petitioner, K. Kantaiah is the defendant in the above suit. Image Source: i.ytimg.com ADVERTISEMENTS: 2. The petitioners have agreed between themselves to have the suit settled on terms mutually agreed upon as set out in the terms of agreement.3. There is no necessity of the case being tried. In the circumstances the petitioners pray that the suit be decreed in terms of the compromise of the present petition which may form a part of the decree.Terms of Comprise: ADVERTISEMENTS: (A) The plaintiff will get possession of half of the suit land measuring 10,000 square yards and bounded on the North…………………………………….. South….East.. West…..(B) The defendant will be tenant under the plaintiff…
Read More
03Oct 2018 by Reese Bannister

6 Main Points to Consider While Making a Will under Hindu Law

Construction
For the interpretation of a will the intention of the testator has to be seen and the words used in the will are to be analysed so as to infer the object of the testator. For the ascertainment of the object of the will following points are to be kept in mind:— Image Source: legalhelpinghand.com(1) State of the testator; ADVERTISEMENTS: (2) His family relations;(3) Probability of using the words with a particular intention;(4) His caste and religious faith;(5) Common desire and sentiments of the Hindus in the devolution of property e.g., a female did not acquire the property absolutely in succession etc. ADVERTISEMENTS: (6) English rules of construction ordinarily do not apply.In Arunachala v. Murugantha the Supreme Court reiterating its earlier view given in Ram Gopal v. Nandlal, has held…
Read More
03Oct 2018 by Reese Bannister

When a Will is said to be Void?

Law
Any will or its part which got to be executed under fraud, coercion, or by force, i.e., where the free will of testator was impaired, is void. The burden of proof is upon that person who claims that the will was executed by a person voluntarily upon free will of the testator. Image Source: 2.bp.blogspot.comThough under Mitakshara law, a Hindu cannot bequeath his interest in the undivided coparcenary yet he can validly bequeath his self acquired property in favour of his coparceners and undivided share to third persons. Such a bequest will be valid under law. Any coparcener who is given this interest can decide and opt for taking the property after the death of the testator. He can also retain both the properties. Joint Bequest: ADVERTISEMENTS: If bequest is…
Read More
03Oct 2018 by Reese Bannister

Different modes by which a money decree can be executed in India

Construction
Modes of Execution of Money Decree: A money decree can be executed by the following modes:(a) By attachment and sale of property under Section 51(b), C.P.C. Image Source: freeimagescollection.com ADVERTISEMENTS: (b) By arrest and detention of Judgement Debtor, Sec. 51(c), C.P.C. (a) Attachment and sale of property, Section 51(b): Section 51(b) empowers the Court to order execution of a decree by attachment and sale or by sale without attachment of any property.The Court is competent to attach the property if it is situated within the local limits of the jurisdiction of the Court. The words attachment and sale in clause (b) of Section 51 are to be read disjunctively. Therefore, the attachment of the property is not a condition precedent.Hence, sale of property without an attachment is not void or…
Read More
03Oct 2018 by Reese Bannister

Exclusion of Time for Computing Limitation – Limitation Act

Government
For the purposes of computation of period of limitation for the purposes of Limitation Act, is explained under Sections 12 to 15 of Limitation Act, 1963.Exclusion of time in legal proceedings [Sec. 12(1)]:In computing the period of limitation for any (a) suit, (b) appeal, or (c) an application; the day from which such period is to be reckoned shall be excluded. Image Source: 4.bp.blogspot.com ADVERTISEMENTS: Example:if a suit is to be filed for recovering of money on a promissory note, dated 01-2-1989, the limitation ends on 1-2-92, here the day on which the promissory note was executed excluded as per Sec. 12(1) i.e., 1-2-89.Clause explains two aspects namely: ADVERTISEMENTS: 1. exclusion of date of judgement, in case of appeal or an application for leave to appeal or for revision or…
Read More
02Oct 2018 by Reese Bannister

Garnishee – Order 21, Rules 46-A, 46-1 of Code of Civil Procedure

Essays
Order 21, Rules 46-A, 46-1 deals with Garnishee.Garnishee means a judgement-debtor’s debtor. Garnishee is a person who is liable to pay a debt to judgement-debtor or to deliver any movable property to him.A garnishee order is an order passed by a Court ordering a garnishee not to pay money to the judgement-debtor because, the judgement-debtor is indebted to the garnisher. Image Source: whatsamsawtoday.com ADVERTISEMENTS: The procedure for grant of garnishee order has been stipulated under Rules 46-A to 46-1.The Court may, in the case of a debt (other than a debt secured by a mortgage or a charge) which has been attached under Rule 46, upon the application of the attaching creditor, issue a notice to the garnishee liable to pay such debt, calling upon him either to pay into…
Read More
02Oct 2018 by Reese Bannister

"Limitation Act only extinguish the remedy and not the right" – Explained!

Law
Law of Limitation merely bars the remedy, bat not the right. It is well known that the Limitation Act, with regard to personal action, bars the remedy without extinguishing the rights [Hari Raj Singh vs. Sanchalak Panchayat, AIR 1968, All. 246 at P. 250).The law of limitation bars the remedy of plaintiff but does not extinguish his right. It is meant to see that the plaintiff does not resort to dilatory tactics, but seeks his remedy within a time fixed by the Legislature. Image Source: lyrics2mysoul.files.wordpress.com ADVERTISEMENTS: The right continues to exist notwithstanding that the remedy is barred by limitation. A debtor may pay the time barred debt to the creditor. He cannot claim it back on the plea that it was time barred.A debtor who owes several debts to…
Read More
02Oct 2018 by Reese Bannister

Legal Provisions Regarding Gift under the Transfer of Property Act

Essays
According to the Transfer of Property Act, a voluntary transfer of a movable or an immovable property without consideration is referred to as gift. This gift should be accepted by the donee also. Image Source: 2.bp.blogspot.comIn common parlance gift is the renunciation of the property right by the owner (donor) in favour of donee. In a valid gift there should be a donor, donee and a property (Datavya) and it should be accompanied by certain formalities. The question arises as to whether there can be a valid gift when the property is renounced but is not accepted by the donee? According to the view of Jimutvahana, that in gift ownership is not created by acceptance but by renunciation by the donor. ADVERTISEMENTS: This is liable to be defeated by the…
Read More
02Oct 2018 by Reese Bannister

Restrictions upon Right to Make a Gift under Hindu Law

Law
No gift can be made so as to defeat the interests of a creditor or to defraud the creditor. Such a gift shall be voidable at the option of such creditors. In the same way a gift can also not be made against the interests of the persons entitled to get maintenance.This view has come to be supported by the decision of the Supreme Court too in Ammothepi v. Kumar Sen. In Smt. Panvmm v. Chikaranagappa, Karnataka High Court has held that gift of major ancestral properties in favour of his married daughter even being for religious purposes cannot be held to be a valid gift. However if this gift is for small part only, then it could be held to be valid one. Image Source: upload.wikimedia.org ADVERTISEMENTS: This view…
Read More
02Oct 2018 by Reese Bannister

Principles Governing the Exclusion of Jurisdiction of Civil Courts in India– Explained!

Law
Section 9 of C.P.C. provides that, Courts to try all civil suits unless barred:The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Explanation I: A suit in which the right to property or to an office contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. Image Source: cryptocoinsnews.com Explanation II: ADVERTISEMENTS: For the purposes of this section it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.A litigant having a grievance…
Read More