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Articles and Opinions

11
AUG
2020

Betting In Sports

The definition of “Betting” as per Black’s Law Dictionary is “Making a bet occurs when there is a chance for profit if a player is skillful and lucky…A play for value against an uncertain event in hope of gaining something of value…It involves...
11
AUG
2020

Land In West Bengal

In our law colleges in West Bengal there is not a single paper to understand the various units of the land in West Bengal in this chapter we are going to discuss about the various units of land. in case the land the international units are decimal, acres, square feet, hectare and...
10
AUG
2020

An Analysis of Faridkot Ruler Property Dispute And How The HC Upholds The Verdict

INTRODUCTION On 01.06.2020, the Hon’ble Punjab & Haryana High Court finally adjudicated the 28 years long dispute over FARIDKOT RULER PROPERTY in its 547 pages judgement beautifully written and determined by Hon’ble Mr. Justice Raj Mohan Singh. This decision on...
06
AUG
2020

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Principle of Res-Judicata-The Backbone of Code of Civil Procedure 1908

If a Person contests his suit and the judgement came on merits arising from that suit then after some time the aggrieved person again files a suit involving of same parties, with same title, and with same question in which the earlier suit has been tried by the court which is...
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....
27
JUL
2020

Joint Hindu Family, Ancestral and Coparcenery Property

Happy Families are all alike, every unhappy Family is unhappy in its own way. That unhappiness often finds its painful way into a courtroom. The concept of Joint Hindu Family, Ancestral, coparcener has always been a debatable issue and give rise to litigation and as such effort...
22
JUL
2020

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Transferee Pendent Lite Viz A Viz Lis Pendence

Introduction There are divergent views on the interpretation of section 52 of TPA and the doctrine of lis-pendence. Whether, there is any resemblance between the provisions of section 52 TPA and the essentials of lis-pendence in any manner. This dilemma is sought to be cleared by...
17
JUL
2020

Stare Decisis – The Principle Of Precedents And Its Practice In India

Introduction The principle of binding nature of precedents is known as Stare decisis et non quieta movere. Courts have developed this principle to ensure consistency and predictability in judicial matters. In the event of an ambiguity in interpretation of a provision of law or a...
14
JUL
2020

Eclipse of Rule of Law in the aftermath of the Police encounters of the Gangster Vikas Dubey and his allies

Eclipse Of Rule Of Law In The Aftermath Of The Police Encounters Of The Gangster Vikas Dubey And His Allies – Now Imperative Upon The Apex Court, Human Rights Commissions, Parliamentarians And The Intelligentsia To Bring The System Back On Rails The entire country was shell...
14
JUL
2020

A Critical Analysis Of Limitation Viz. A Viz Claim Of Inheritance

Introduction:- Whether the legislature has left a big lacuna in the Limitation Act by not providing any limitation for filing a suit claiming inheritance of the deceased? Whether the judicial pronouncements holding that no limitation is prescribed, to file a suit on the basis of...
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...
13
JUL
2020

Government’s decision to Decriminalize Section 138 of Negotiable Instruments Act is Right?

(A statement from the Ministry in this regard said: “Criminalizing Procedural Lapses and Minor Non Compliances Increase Burden on businesses and it is essential to re-look at provision, which merely are procedural in nature and do not impact National Security and Public...
08
JUL
2020

Adverse Possession – Boon or Curse

Plea of adverse possession can be used both as an offence and as a defence i.e. both as sword and as a shield. History of Adverse possession:- Historically, adverse possession is a pretty old concept of law. The concept of adverse possession appeared in the Code of Hammurabi...
06
JUL
2020

Boundary Dispute And Its Resolution

Happy neighbors are all alike, every unhappy neighbor is unhappy in its own way. That unhappiness often finds its painful way into a courtroom. Land has always been a contentious issue, may be due to greed, power, mistake or otherwise. Boundary disputes are since beginning of...
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...
02
JUL
2020

Codified Laws (Evolution & Transition)

For understanding concept of codified laws first let us understand “What is meant by codification?” Codification : the action or process of arranging laws or rules according to a system or plan. Or A systematic organization of methods, rules, etc Or The collection...