Category: Construction

Wills under Pure Hindu Law: A will is the legal declaration of the intention of the person making it, with respect to his property, which intention he desires to be carried into effect after his death. Wills were wholly unknown to pure Hindu law. But a long series of decisions (too numerous to be questioned now) have established the testamentary powers of Hindus. Image Source: 2.bp.blogspot.comThe testamentary power of a Hindu was first admitted in Bengal, then in Southern India, and then in the former State of Bombay. Generally speaking, a Hindu will stands more or less on the same footing as a gift. ADVERTISEMENTS: The Privy Council in the well-known Tagore’s case (see below) has laid down that even if wills are not universally to be regarded in all…

Corruption in India is a major issue and adversely affects its economy. There is no department of government or semi-government where a legitimate work can be got done without bribery. If you grease the palm of the person handling your work, you can get your work done within the shortest time. Image Source: ardentminds.files.wordpress.comPoster On India Against Corruption”/> ADVERTISEMENTS: But if you do not, it is hard for you to get it done perhaps even in one or two years’ time. Today even the Prime Minister bribes the M.P’s or M.L.A’s to favour his/her party or bring down the government of the other party in a state.Similar is the case with the Chief Ministers. They go on expanding their cabinet members only to remain in the saddle. The opponents bribe…

The following sub-topics are considered here:1. Which law prevails?2. What property is heritable? ADVERTISEMENTS: 3. Joint family system not recognised4. No rule of primogeniture5. Right of heir presumptive, a mere spec successionis6. Vested inheritance ADVERTISEMENTS: 7. No ‘principle of representation’ in Sunni law8. Suit by creditor against heirs9. Life estate and vested remainder. Image Source: pre04.deviantart.net 1. Which Law Prevails? ADVERTISEMENTS: The property of a deceased Muslim is to be distributed according to the law of the school to which he belonged at the time of his death. The law of the school to which the heirs belong is immaterial. 2. What Property is Heritable? The estate that remains after the payment of the charges, viz., funeral expenses, debts and legacies, out of the property of the deceased, is heritable…

Subject to the-limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction(a) The defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or ADVERTISEMENTS: (b) Any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or(c) The cause of action, wholly…

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.Explanation I:The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. ADVERTISEMENTS: Explanation II:For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal…

Legal Provisions of Section 405 of Indian Penal Code, 1860.Criminal breach of trust:This section defines the offence of criminal breach of trust. It says that whoever, being in any manner entrusted either with property or with any dominion over property, either dishonestly misappropriates or dishonestly converts to his own use that property, or either dishonestly uses or dishonestly disposes of that property in violation of any direction of law which has prescribed the mode in which such trust is to be discharged, or of any legal express or implied contract which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits ‘criminal breach of trust.’ Image Source: 2.bp.blogspot.com ADVERTISEMENTS: The section requires that the offender must be entrusted with either property…

Legal Provisions of Section 306 of Indian Penal Code, 1860.Abetment of suicide:This section punishes the abettor of a suicide where suicide is committed because of such abetment. In this respect sections 305 and 306 are similar in nature. The section says that whoever abets the commission of a suicide, and suicide in fact is committed, shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. Image Source: healthcomu.com ADVERTISEMENTS: The section requires that suicide must be committed as a result of the abetment and the deceased must have been abetted by the accused to commit suicide. Abetment may be caused by instigation, conspiracy or intentional aiding as provided by section 107 of the Code. Section 306, though…

Legal Provisions of Section 304B of Indian Penal Code, 1860.Dowry death:This section defines and punishes dowry death. The first sub­section which defines the offence states that where a woman’s death is caused by either any burns or bodily injury or occurs under such circumstances which are not normal within a period of seven years from the date she was married and the prosecution proves beyond reasonable doubt that soon before she died either her husband or any of his relatives had subjected her to cruelty or harassment either for or in connection with any dowry demand, such a death is a ‘dowry death’, and her death shall be deemed to have been caused by such husband or relative. Since the word ‘dowry’ has not been defined, an explanation has been…

A Muslim may dispose of his entire property by gift inter vivos. He may also tie down his entire property in perpetuity by creating a waqf for his alal aulad. He also has the testamentary power of disposing of his property. But his testamentary power is limited to the disposal of only one-third of his property.The reason for bestowing testamentary power on a Muslim, and for its limitation, has been thus stated by M. Sautayra: “A will from the Mussluman’s point of view is a divine institution, since its exercise is regulated by the Koran. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: It offers to the testator the means of correcting to a certain extent the law of succession, and of enabling some of those relatives who are excluded from inheritance to obtain…

Legal Provisions of Section 302 of Indian Penal Code, 1860.Punishment for murder:This section, which prescribes punishment for murder, says that whoever commits murder shall be punished either with death or with imprisonment for life, and shall also be liable to fine. In other words, the Indian Penal Code has prescribed only two kinds of punishment, death sentence and imprisonment for life, out of which one has to be imposed on a murder convict who shall also be liable to fine if the court so deems necessary. Image Source: rootsweb.ancestry.com ADVERTISEMENTS: The section, as is clear, does not enumerate the circumstances under which either of these sentences can be imposed. Naturally, the courts are guided by the Code of Criminal Procedure and the pronouncements made by the Supreme Court in the…