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LawFinderBlog » Avnish Mittal
Now Feel Free to write on any topic and let the World know it
05
AUG
2022

Hindu Women’s Right To Property Act, 1937 : A Path Not So Paved

“He, who has a why to live for, can bear with almost any how.”    Friedrich Nietzsche The Constitution of India grants rights to every Indian citizen, especially in the shape of fundamental rights, irrespective of his caste, creed, gender, and...
26
AUG
2021

Pleadings: To “Plead” Or Not To “Plead”

It is often believed that the “The first draft is just you telling yourself the story.” When you draft that story into a document for the purpose of litigation then the same forms a part of the pleadings. Pleadings, is a written presentation by a litigant in a lawsuit...
05
NOV
2020

Order 2 Rule 2 – A Bar to Splitting of Evil

It is believed that “Litigation is the pursuit of practical ends, not a game of chess.” Yet, sometimes, filing a lawsuit remains the only effective route to refute the allegations and repair the damage caused to a person by breach of his legal right. A...
01
OCT
2020

Order XII Rule 6 – A Decree By Consent And the Challenges Ahead

“No one can make you feel inferior, without your consent” A decision of a civil suit culminates into a decree and the party in whose favour suit is decided, becomes the decree holder and the opposite party, against whom the suit is decided becomes the Judgement...
22
AUG
2020

Section 6, Hindu Succession Act- Vineeta Sharma vs. Rakesh Sharma:- Removing Gender Bias “We must work together to ensure the equitable distribution of wealth, opportunity, and power in our society.”-Nelson Mandela

Post-independence, the laws relating to intestate succession amongst the Hindus are governed by the Hindu Succession Act, 1956. This Act was enacted to lay down a uniform system of inheritance in the matters of succession among the Hindus. However, the principles governing...
16
AUG
2020

Nip The Evil In The Bud-Says Order 7 Rule 11

A clear Rejection is always better than a fake promise. A “Suit“, is a proceeding by a party or parties against other/s in the civil court of law. The archaic term “suit in law” is found in only a small number of laws still in effect today. The term...
03
AUG
2020

The Rule is Specific Performance – Unless…

“A valid contract requires voluntary offer, acceptance, and consideration.” The Indian Contract Act, 1872, regulates the law relating to contracts in India, and is the key Act formulating contract law in India. The Act is based on the principles of English Common Law....
13
JUL
2020

To `Will’ Willfully

Where there is a will, there are relatives A Will or testament is a legal document that expresses a person’s (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its...
06
JUL
2020

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Stay “off” the Suit- Says Res Sub Judice

The common meaning of the word Sub Judice in Latin is “under a judge”, which means that a particular case or matter is under trial or being considered by a judge or court. The sub judice rule is a rule of court, a statutory rule, a convention, and a practice that has...
30
JUN
2020

“Passing Off” Intellectual Property – by not so intellectuals

It is an age-old belief that “imitation is the sincerest form of flattery“. This concept looks good in books and life but when it comes to business, it is popularly called as a theft of intellectual property. Intellectual property (IP) refers to creations of the mind,...
12