LAWACADEMY

Section 3 - Interpretation clause Immovable property - According the section in the General Clauses Act, 1897, that defines immovable property is Section 3 (26) . It states that immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. This definition is different from the one given in the Transfer of Property Act, 1882, which does not define immovable property, but only excludes standing timber, growing crops, and grass from its scope. Immovable property is a legal term that refers to any property that is attached to the earth or cannot be moved without destroying or altering its nature. The Transfer of Property Act, 1882, does not provide a comprehensive definition of immovable property, but only excludes standing timber, growing crops, and grass from its scope. The General Clauses Act, 1897, defines immovable property as including land, benefits to arise out of land, and thin...

  Section 2 of the Transfer of Property Act, 1882 Section 2 of the Transfer of Property Act, 1882, is a saving clause that preserves the validity of certain enactments, incidents, rights, liabilities, etc., that are not affected by the provisions of this Act. It has four sub-sections, namely: - Section 2(a): This sub-section states that the provisions of any enactment not expressly repealed by this Act shall remain in force. For example, the Indian Registration Act, 1908, which requires certain transfers of property to be registered, is not repealed by this Act and is still applicable. - Section 2(b): This sub-section states that any terms or incidents of any contract or constitution of property that are consistent with this Act and are allowed by the law for the time being in force shall remain valid. For example, if a contract of sale of property contains a clause that the seller shall pay the stamp duty, this clause is consistent with this Act and is valid. - Section 2(c): This...

  Transfer of Property Act,1882  The purpose of the Transfer of Property Act, 1882 is to define and amend the law relating to the transfer of property by the act of the parties and not by the operation of law. The Act deals with the aspects of transfer of immovable property from one living person to another. The application of the Transfer of Property Act, 1882 depends on the type of property, the mode of transfer, and the parties involved in the transfer. The Act covers various types of property transfer, such as sale, mortgage, lease, exchange, gift, and actionable claim. The Act also lays down the rights and duties of the sellers and buyers, the conditions and restrictions on the transfer, and the remedies for breach of contract. The Transfer of Property Act, 1882 is applicable to the whole of India, except the state of Jammu and Kashmir. It is also not applicable to agricultural land, which is governed by local laws. The Act is also subject to the provisions of the Indian ...

Musahar Sahu and Another v. Lala Hakim Lal and Another, 43 I.A. 151 (P.C. 1915).  This citation indicates that the case was decided by the Privy Council (P.C.) in 1915, and reported in volume 43 of the Indian Appeals (I.A.), starting from page 151.  The case of Musahar Sahu and Another v. Lala Hakim Lal and Another was a dispute over the validity of two conveyances of land executed by a debtor, Kishun Benode, to his relatives, Kamta Prashad and Hakim Lal, on 2nd September 1901. The plaintiff, Musahar Sahu, was a creditor of Kishun Benode who had obtained a judgment against him on 5th December 1901. The plaintiff sought to set aside the conveyances on the ground that they were made with intent to defeat or delay his claim, under section 53 of the Transfer of Property Act, 1882. The courts gave different verdicts on the two conveyances. The first conveyance, in favour of Kamta Prashad, was set aside by the Subordinate Judge and the High Court, as it was found to be without consi...

Section 52- "Doctrine of Lis Pendens" Section 52 of the Transfer of Property Act, 1882, embodies the doctrine of lis pendens, which means "pending litigation". The doctrine states that any transfer of immovable property during a pending suit involving the same property is subject to the outcome of the suit, and does not affect the rights of the other party. The main purpose of the doctrine is to prevent the endless litigation and confusion that would arise from allowing transfers pendente lite (during the litigation). The doctrine is based on public policy and convenience, not on the principle of notice. Therefore, it does not matter whether the transferee pendente lite had or had not notice of the pending suit. The essential conditions for the applicability of the doctrine are: - There must be a pending suit or proceeding in a court of competent jurisdiction. - The suit or proceeding must not be collusive. - The suit or proceeding must directly and specifically i...

Proof and Evidence Proof and Evidence are two terms that have different meanings and implications in the context of the THE BHARATIYA SAKSHYA ADHINIYAM, 2023 (the Act). Here is a brief explanation of the difference between proof and evidence with special reference to the Act: Evidence   - Evidence refers to information or facts that help us to establish the truth or existence of something. Evidence can be of two types: oral evidence, which includes statements made by witnesses relevant to the matter under inquiry and presented with court authorization, and documentary evidence, which comprises documents, whether physical or electronic, submitted to the court for examination. Evidence can also be classified as direct evidence, which offers clear and conclusive proof of a fact without the need for interpretation, and indirect evidence, which requires inference or presumption to prove a fact. Evidence can be strong or weak, conclusive or inconclusive, depending on the quality and quan...

Opportunity and Occasion  Opportunity and occasion are two words that have different meanings and implications in the context of the Indian Evidence Act, 1872. Here is a brief explanation of the difference between opportunity and occasion with special reference to the Indian Evidence Act: Opportunity   - Opportunity refers to a favorable circumstance or chance that allows for the occurrence or transaction of relevant facts or facts in issue. Opportunity is one of the criteria for determining the relevancy of facts under Section 7 of the Indian Evidence Act, which states that "Facts which are occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant."  For example, if A is accused of poisoning B, the fact that A knew B's habits and health condition, which afforded an opportunity for the administ...

Bail and Bonds Bhartiya Nagrik Suraksha Sanhita,2023 (BNSS)  Bail and Bonds are legal terms that relate to the release of an accused person from custody. Bail is the security given by the accused or someone on his behalf to the court or the police, to ensure his appearance before the court during the trial. Bonds are the written undertakings signed by the accused and his sureties, to pay a fixed amount of money if the accused fails to appear in court. The Bhartiya Nagrik Suraksha Sanhita,2023  (BNSS)  is the main law that governs the procedure of criminal cases in India. It contains various provisions regarding bail and bonds, which are mentioned under Chapter XXXV (Sections 478 to 496) of the BNSS. The BNSS also classifies offences into two categories: bailable and non-bailable. Bailable offences are those for which bail can be claimed as a matter of right, while non-bailable offences are those for which bail is granted at the discretion of the court. Some of the main po...

Section 79 of the Transfer of Property Act, 1882   Section 79 of the Transfer of Property Act, 1882 deals with the priority of mortgages in case of future advances. It states that if a mortgage is made to secure future advances, the performance of an engagement, or the balance of a running account, and it expresses the maximum amount to be secured by it, then a subsequent mortgage of the same property will be postponed to the prior mortgage in respect of all advances or debits not exceeding the maximum, even if they are made or allowed with the notice of the subsequent mortgage. This section aims to protect the prior mortgagee who has agreed to lend more money to the mortgagor in the future, and to prevent the subsequent mortgagee from claiming priority over the prior mortgagee for the amount exceeding the maximum. Section 79 deals with the priority of mortgages in case of future advances, when the maximum amount is expressed.   For example , suppose A mortgages his property t...

R vs Tolson(1889) 23 QBD 168 This case is related to Section 494 of the Indian Penal Code (IPC), which deals with the offence of bigamy . Bigamy is the act of marrying another person while being already married to someone else. According to Section 494, whoever commits bigamy shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. However, as discussed in the previous message, the defendant in R vs Tolson had a valid defence of mistake of fact , as she had an honest and reasonable belief that her husband was dead when she remarried. Therefore, she was not guilty of bigamy, as she did not have the mens rea or the guilty mind required for the offence. Detailed facts and judgement of R vs Tolson case with citation. Here is a summary of the case : - The appellant, who was the first husband of the defendant. His name was Mr. Kelly Tolson . -  The defendant, who was the second wife of the appellant and the fi...

Essential elements of crime : The essential elements of crime in the Indian Penal Code (IPC) are as follows: 1- Human Being 2- Mens rea 3- Actus rea 4- Injury * Prohibited act * Punishment  1-  Human being : The first element of crime is that it must be committed by a human being, as animals or non-living things cannot be held criminally liable. Section 11 of the IPC defines the word 'person' to include any company, association or body of persons, whether incorporated or not. 2-   Mens rea : The second element of crime is the guilty mind or intention of the offender. Mens rea is derived from the maxim "actus non facit reum nisi mens sit rea", which means "an act does not make a person guilty unless the mind is also guilty". Mens rea can be of different degrees, such as intention, knowledge, reason to believe, recklessness or negligence. Mens rea is not always explicitly mentioned in the IPC, but it can be inferred from the words used in the definition...

Section 63 and Section 70 of TPA . Section 63 and Section 70 of the Transfer of Property Act, 1882 are both related to the accession of mortgaged property, but they have some differences. Here is a brief comparison:  - Section 63 relates to the accession  to mortgaged property, which means any addition or improvement made to the property during the continuance of the mortgage. It lays down the rights and liabilities of the mortgagor and the mortgagee regarding such accession, depending on whether it was acquired at the expense of the mortgagee or not, and whether it is capable of separate possession or enjoyment or not. It also specifies how the profits, if any, arising from the accession should be credited or set off. - Section 70 relates to the accession  made by the mortgagee in good faith to the mortgaged property. It states that the mortgagee is entitled to add the cost of such improvements to the principal money, and to charge interest on it at the same rate as the ...

Probation & Admonition- Probation and admonition are two alternatives to imprisonment that the court may use for certain offenders under Section 360 of the Code of Criminal Procedure (CrPC). The main difference between them is as follows: -  Probation   Probation is a legal disposition that allows an offender to avoid imprisonment by agreeing to abide by certain conditions imposed by the court, such as reporting to a probation officer, maintaining good conduct, and participating in rehabilitative programs. Probation is typically used for first-time or non-violent offenders who are not under 21 years of age or are women. The probation period may not exceed three years. If the offender complies with the conditions, they may avoid incarceration. If they fail to comply, they may be sentenced to imprisonment. -  Admonition Admonition is a form of counseling or a stern warning that the court may give to an offender instead of imposing a formal sentence. Admonition is used ...