E-Governance: Meaning, Provision and Relevance

E-governance or Electronic Governance is dealt with under Sections 4 to 10A of the IT Act, 2000. It provides for legal recognition of electronic records and Electronic signature and also provides for legal recognition of contracts formed through electronic means. Filing of any form, application or other documents, creation, retention or preservation of records, issue or grant of… Read More »

PREAMBLE TO THE CONSTITUTION OF INDIA

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The preamble-page, along with other pages of the original Constitution of India was designed and decorated solely by renowned painter Ram Manohar Sinha of “Jabalpur”. As such, the page bears Deodhar Ram Manohar Sinha’s short… Read More »

Relationship between Fundamental Rights and Directive Principles of State Policies (DPSPs)

Fundamental Rights and Directive Principles of State Policy as enshrined in the Constitution of India together comprise the human rights of an individual.[1] The idea of constitutionally embodied fundamental rights emerged in India in 1928 itself. The Motilal Committee Report of 1928 clearly envisaged inalienable rights derived from the Bill of Rights enshrined in the American Constitution to… Read More »

Immovable property – concept and definition

Definition in Section 3 is not exhaustive. It says only that ‘immovable property’ does not include standing timber growing crops or grass. Definition of immovable property in Section 3(26) of General Clauses Act, 1897, is also not exhaustive. It defines immovable property as it shall include land, benefits to arise out of land, and things attached to earth.… Read More »

Transfer of Property – Meaning and Types

Transfer of Property – Meaning and Types | Overview Kinds of Transfer Transfer of Property Act, 1882 not amounting to Transfer of Property What may be Transferred Persons Competent to Transfer Operation of Transfer Transfer by Persons before they Acquire the Interest Transfer by Unauthorised Person (Doctrine of feeding empty grant by estoppel) Section 6(a) and Section 43… Read More »

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 parting with or disposing of his interest in the property, the condition of limitation is void. Except in the case of lease where this condition is for the benefit of the… Read More »

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 England when interest loans were illegal. Borrower conveyed estate to lender in consideration of a loan and lender reconvened estate to borrower on redemption.… Read More »

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 inserted in the Constitution which lays down Fundamental Duties of the citizens. Fundamental Duties was added on the recommendation of Swaran Singh Committee. These are non-justifiable i.e their compliance cannot… Read More »