Articles

March 27, 2022

Intestate and Testamentary Succession

The Hindu Succession Act preserves the dual mode of devolution of property under the Mitakshara school. The Hindu succession Act,1956 bases its rule of succession on the principle of propinquity, i.e., the preference of heirs on the basis of proximity of relationship. A person so long as he is alive, is free to deal with…

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Burden of Proof

The burden of proof means the obligation to prove a fact. The strict meaning of the term burden of proof (onus probandi) is this, that if no evidence is given by the party on whom the burden is passed the issue must be found against him. The expression burden of really means two different things.…

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Exclusive Economic Zones

                                An exclusive economic zone is basically an area of coastal water and seabed within a certain distance of a country’s coastal line, to which a country claims exclusive rights for fishing, drilling and other economic activities. The concept of exclusive economic is one of the most important pillars of 1982 conventions on the law…

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Secondary Evidence

                                     Section 63 of the Indian Evidence Act, 1872 says about secondary evidence. It includes many sections or types they include: Certified copies given under the provisions in the evidence act: Section 76 of the Evidence Act lays down that every public officer having custody of a public document shall give to a person, on…

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Harmonious Construction

Interpretation is the primary function of the court. Construction means drawing true conclusions on the basis of the true spirit of the enactment even though the same does not appear if the words used in the enactment are given their natural meaning. When two or more provisions of the same statutes are repugnant, the court…

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Memorandum of Association

The first step in the formation of a company is to prepare a document called the memorandum of association. This document contains the constitution of the company. It has to be divided into five clauses. It has to be in any of the forms specified in tables A to E in schedule 1. Name Clause:…

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Mortgage

A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor,…

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Oral Evidence

Oral evidence is the evidence which is confined to words spoken by mouth. Oral evidence, if worthy of credit, is sufficient without documentary evidence to prove a fact or title. Where a fact may be proved by oral evidence is not necessary that the statement of the witness should be oral. Any method of communicating…

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The Golden Rule of Interpretation

The Golden Rule is a modification of grammatical interpretation. It says that ordinarily the court must find out the intention of the legislature from the words used in the statute by giving them they’re their natural meaning but if this led to absurdity, repugnance, inconvenience, hardship, injustice or evasion, the court must modify the meaning…

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