LAWACADEMY

HINDU LAW - SOURCES & SCHOOL Hindu law is a complex and ancient system of law that has evolved over thousands of years. It is based on various sources and schools of thought that reflect the diversity of Hindu culture and traditions. Here is a brief overview of the main schools and sources of Hindu law: Sources of Hindu law The sources of Hindu law can be classified into two categories: ancient and modern. Ancient sources: These are the original and primary sources of Hindu law that derive from the sacred scriptures and customs of the Hindus. They include: Shruti : These are the divine revelations that are heard by the sages and recorded in the Vedas and Upanishads. They are considered the most authoritative and infallible source of Hindu law. Smriti : These are the human compositions that are remembered and written by the sages based on the Shruti. They include the Dharma Sutras and Dharma Shastras, which are the codes of law and ethics for the Hindus. Some of the prominent Smriti...

Here are 50 interesting facts about Ram Mandir in Ayodhya -  It's the largest temple in India, covering 70 acres, with 70% being a green area. The temple, a three-story structure, has each floor with a height of 20 feet. A similar temple exists in Thailand, constructed in 2010 by a Thai princess. The Ram idol for Pran Pratishtha is made of eight metals and weighs 2100 kg. The temple was constructed using stones, copper, white cement, and wood, avoiding the use of iron or steel. The doors, made of teak wood, were gold-plated. A 73-metre long and 14-feet wide wall surrounds the temple. Pink sandstone from Bans Paharpur in Rajasthan was used for the walls and pillars. The bricks used to build the walls bear the sacred inscription 'Shri Ram.' Idols in the temple were crafted from shaligram rock, found in the Gandaki river in Nepal. The base of the temple was built with granite stones from Karnataka and Telangana. A 14-metre-thick Roller Compacted Concrete is placed under the te...

  Union Parliament Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges : Union Parliament Organization The Union Parliament is the supreme legislative body of India, which consists of the President and the two Houses: the Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People). The Parliament is based on the principle of bicameralism, which means that there are two chambers of equal status and power in the law-making process. Rajya Sabha The Rajya Sabha is the upper house of the Parliament, which represents the states and the union territories of India. It has a maximum strength of 250 members, out of which 238 are elected by the state and union territory legislatures and 12 are nominated by the President from among the eminent persons in the fields of art, literature, science, and social service. The Rajya Sabha is a permanent house, which means that it is not subject to dissolution. However, one-third of its members retire ...

Can a report be published by the media, which discloses the identity of a sexually assaulted child? No, the media is prohibited from disclosing the identity of a sexually assaulted child under the Protection of Children from Sexual Offences Act, 2012. Section 23 of the Act states that: > No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy. The Act also imposes a penalty of imprisonment up to six months or fine or both for violating this provision. The media is expected to follow certain guidelines while reporting cases of sexual offences against children, such as using a pseudonym for the child, not revealing the address, school, or other details that may lead to the identification of the child, and ensuring the confidentiality of the child's identity. The media is also requ...

Difference between "conditional mortgage" and "sale with condition to repurchase". A conditional mortgage and a sale with condition to repurchase are two different types of transactions involving property.  The main difference is that in a conditional mortgage, the original owner of the property remains the debtor and has the right to redeem the property by paying off the debt to the lender, who is the conditional buyer. In a sale with condition to repurchase, the original owner sells the property outright to the buyer and has no debt or right to redeem, but only an option to repurchase the property within a specified period by paying the agreed price to the buyer.  A conditional mortgage is a form of mortgage by which the owner of the property transfers it to the lender as a security for the loan, but with a condition that the transfer will become absolute or void depending on whether the loan is repaid or not. A conditional mortgage must be evidenced by one docume...

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...