Category: Design

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…

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…

Against A TenantThe above named plaintiff states as follows:1. That the defendant is a monthly tenant under the plaintiff in respect of the premises, described in the Schedule appended below, at a rent of Rs. 2,000/ – p.m. according to English Calendar month. Image Source: lvpropertysearch.com ADVERTISEMENTS: 2. The premises was solely and exclusively let out for the purpose of running a business.3. The defendant, without consent of the plaintiff, began raising of an improvised structure on the open inner courtyard of the premises on 11.11.1993 intending to use the same as a car-shed.4. The plaintiff came to know regarding this unauthorised structure only on 1.12.1994 and protested the same day but the defendant threatened to complete the construction. ADVERTISEMENTS: 5. That the cause of action for this suit arose…

Sections 79 to 82, and Rules 1 to 8-B of Order 27 deal with suits by or against Government or Public Officers.Sec. 79 explains the authority to be named as plaintiff or defendant as the case may be, shall be-(a) In the case of a suit by or against Central Government, the Union of India, and Image Source: lgcnsblog.com ADVERTISEMENTS: (b) In the case of a suit by or against a State Government concerned State.This section only provide for the authority by or against whom a suit can be instituted while Section 80 names the particular person to whom a notice could be addressed or a suit can be filed. Sec. 80 Notice: No suit shall be instituted against the Government or against a Public Officer in respect of any…

Essay on The Ecological Effects of Water Pollution on the Aquatic Life and also on Humans !Each type of water pollution affects the abiotic and biotic fac­tors of different aquatic systems in different degrees and its ulti­mate effect on man remains quite drastic in medical, asthetic, and economical sense. Some of the well known ecological effects of water pollution are following: Sewage pollution: Contamination of fresh-waters and shallow offshore seas by sewage is a common occurrence. Dom­estic sewage and waste-water is about 99.9 per cent water and 0.02—0.04 per cent solids of which proteins and carbohydrates each comprise 40-50 per cent and fats 5-10 per cent (Simmons, 1974). image source: jodutt.com ADVERTISEMENTS: In other words, sewage includes mostly biodegradable po­llutants such as human faecal matter, animal wastes, and certain dissolved…

Any woman (widow) who was a limited owner of a property could not dispose of the estate except for the following purposes—(i) Legal necessity; ADVERTISEMENTS: (ii) For religious purposes.Limited owner could not alienate the movable or immovable property by will. Image Source: 2.bp.blogspot.com Legal Necessity: A widow can dispose of the property acquired from her husband for necessity; however the necessity may be religious or wordly. However her right is wider with respect to religious purposes than the worldly purposes. She had to prove the necessity for worldly purposes with strict proofs and force. She can dispose of the property for wordly necessities in the same manner and circumstances as it is done by the managers of minor’s property or by Karta.The most important feature of the disposition is the…

Essay on The Trend of Human Population Growth through History |Human population increased gradually in size from the time of primitive man until about the mid 1800’s. Since then human popu­lations have increased rapidly. Population increase has been asso­ciated with major shifts in man’s relation to his environment. image source: contrarianfocus.com ADVERTISEMENTS: The ecology of man and trend of growth of human population can be studied at the following three levels: primitive man, agricultural man and industrial man. Primitive Man: It is believed that the population of our ancestors, the hominoid apes or Australopithecus and relatives, a few million years ago, were confined to Africa and total number of individuals was 125,000 only.During man’s evolutionary history, the size and Functioning of human brain has increased considerably. (The Australopithecus had small…

2 Main Constitutional Perspectives Regarding Criminal Procedure Code are as follows:(i) Article 14 of the Constitution of India: Equality before law:Article 14 of the Constitution of India provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 14 uses two expressions ‘equality before law’ which implies the absence of any special privilege in favour of individuals and the ‘equal subject of all classes to the ordinary law’ and ‘equal protection of the law’ which implies equality of treatment in equal circumstances. However, both the expressions contain the common idea of ‘equal justice’ and mean one and the same thing of ‘equality before the law’. Image Source: bensonsaulo.files.wordpress.com ADVERTISEMENTS: Equality before the law means…