Restraints on Transfer – Section 10

Section 10, condition restraining alienation — “Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from …

Doctrine of Lis Pendens

When there is a litigation between two person in regard to some immovable property and one of them transfer the subject-matter of the litigation, a conflict may arise between the right of the trans…

Doctrine of Part Performance

The doctrine of part performance is inserted in the Transfer of Property Act, 1882, by Act 20 of 1929, section 16. This is an equitable doctrine. This is based on the principle that, equity treats …

Right of Redemption

Doctrine of redemption is not a new doctrine. Its origin can be traced from Anglo-Saxon and Roman law. The practice of securing land for payment of money in English law dates back to Anglo-Saxon En…

SALE OF IMMOVABLE PROPERTY

SALE OF IMMOVABLE PROPERTY Section 54 of the price Transfer of Property Act defines “Sale” as “sale is a transfer of ownership in exchange for a price paid or promised or part-pai…

FUNDAMENTAL DUTIES

The Chapter of Fundamental duties was inserted in our Constitution by 42nd Amendment of the Constitution in 1976. By 42nd Amendment after Part-IV of Constitution, Part IVA and Article 51-A is inser…

What is State – ARTICLE 12

The constitution of India has defined the word ‘State’ for the purpose of Part –III and Part IV. Part III and Part IV carry a theme of Human Rights, Dignity of Individual and also of the unity and …

Case analysis of Indira Sawhney v. UOI

INDIRA SAWHNEY Vs. UNION OF INDIA  DATE OF JUDGMENT: 16 /11/1992 BENCH: M KANIA, M VENKATACHALIAH, S R PANDIAN, A.M. AHMADI, K SINGH, S.B.SAWANT, R SAHAI, B J REDDY, T.K. THOMMEN, CITATION:  AIR 19…

ARTICLE 19: RIGHT TO FREEDOM

ARTICLE 19: RIGHT TO FREEDOM Clause (a) to (g) of Article 19(1) guarantee to the citizens of India six freedoms, viz., of ‘speech and expression’, ‘peaceable assembly’ ‘association’, ‘free movement…

Difference between Decree and Order

Decree As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determi…

Essentials of a PLAINT

Essentials of a PLAINT Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mand…

INHERENT POWERS OF THE COURT

Meaning: The word “Inherent” is very wide in itself. It means existing and inseparable from something, a permanent attribute or quality, an essential element, something intrinsic, or essential, ves…

Temporary Injunction

Temporary Injunction refers to restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of…