Category: Law

Section 11 – Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision – Probation of Offenders Act:(1) Notwithstanding anything contained in the Code or any other law, an order under this Act may be made by any Court empowered to try and sentence the offender to imprisonment and also by the High Court or any other court when the case comes before it on appeal or in revision. Image Source: media.nbcwashington.com ADVERTISEMENTS: (2) Notwithstanding anything contained in the Code, where an order under Section 3 or Section 4 is made by any Court trying the offender (other than a High Court), an appeal shall lie to the Court to which appeals ordinarily lie from the sentences of the former Court.(3)…

Section 10 – Provision as to sureties – Probation of Offenders Act:The provisions of Sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act. Image Source: embed.wistia.comComment: ADVERTISEMENTS: The Code referred to under this section means the Code of Criminal Procedure, 1973 which came into force on 1st April, 1974. This section specifically lays down that for the purposes of bonds and sureties accepted in case of probation under the Probation of Offenders Act, the following sections of the Code of Criminal Procedure, 1973, and the provisions contained therein will be applicable:—Section 121 (Cr. P.C.) Power of Magistrate to reject sureties.Section 123 (Cr. P.C.) Power to release person imprisoned…

Section 19 of the Specific Relief Act, 1963 Provides that: 1. Action: When an action is brought for specific performance, the subsequent transferee would be a necessary party to the suit as the only decree that is required to be passed in such a suit (for specific perfor­mance) is against the original vendor. The subsequent transferees are re­quired to be directed to join in the sale which is directed by a decree for specific performance of contract. Image Source: moxymarketplace.com ADVERTISEMENTS: It has been held that the proper form of decree is to direct specific performance of the contract between the vendor and the prior transferee and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him, to the prior…

Sections 22 to 25 of the C.P.C. deal with the provisions of transfer of suits.Section 22 empowers the defendant to make an application of transfer. While, Sec. 23 provides that where the several Courts having jurisdiction to the same appellate Court, an application under Section 22 shall be made to the appellate Court. Image Source: uoadpl.wikimedia.org ADVERTISEMENTS: Before transfer is ordered under Sec. 22, defendant has to satisfy two conditions namely-(i) The application must be made at the earliest possible opportunity and in all cases where issues are settled, at or before the settlement of issues; and(ii) Notice must be given to other side which is mandatory. Section 24. General power of transfer and withdrawal: This section is much wider than Sec. 22 in as much as while Section 22…

The religious institutions have been divided in India in two categories— Temple (Devasthana) and Matha consists of idol worship it may be public or for a particular community or for class of persons. The manager of Temples or Devasthanas are called Shebaits. Contrary to this, Matha is a place where persons of a particular religious community or followers thereof reside or it is a place of Sanyasees where religious discourses and preachings are given.Matha is different from Devasthans and other religious trusts in spite of the fact that the origin of both of these institutions is from the property given by a Dharamatma. Properties given in Matha vests in the Mahant for the preaching of a particular belief or religious philosophy, but that given to a Devasthan vests in the…

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…

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…

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…

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…

The principle of the doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other party for what he has lost.In Ganesh Pershad vs. Adi Hindu Social Service League, the High Court of A.P. declared that the following conditions must be satisfied namely: Image Source: oneclimbs.com ADVERTISEMENTS: 1. The restitution sought must be in respect of the decree or order which had been reversed or varied;2. The party applying for restitution must be entitled to benefit under the reversing decree or order; and3. The relief claimed must be properly consequential on the reversal or variation of the decree or order.In Banchhanidhi vs. Bhanu Sahoni…