free legal guide 1969

  Inheritance and Survivorship:-                         ‘Mulla’ in his book Hindu Law (22nd Edition), while discussing the law prior to the Hindu Succession Act, 1956 says that there are two systems of inheritance amongst the Hindus in India, namely, Mitakshara system and Dayabhaga system. The Dayabhaga system prevails in Bengal, while the Mitakshara system is applicable to other parts of India. The difference between the two systems arises from the fact that, while the doctrine of religious efficacy is the guiding principle under Dayabhaga School, there is no such definite guiding principle under the Mitakshara School. Sometimes consanguinity, and at the other times, religious efficacy has been regarded as the guiding principle. According to ‘Mulla’, Mitakshara recognises two modes of devolution of property, namely, survivorship and succession. The rules of survivo...

  DNA Explained in Simple Terms:-                         DNA fingerprinting or DNA profiling or DNA typing is considered as the most significant contribution of science and technology in the twentieth century and is anticipated to become the universal technique  of the twenty first century.This emerging technique has revolutionized the whole world by distinguishing every individual from the other individual.It plays a momentous role in criminal and civil justice delivery systems,identification of skeletal remains,detection of early diseases,inherited disorders etc. Deoxyribonucleic acid, more commonly known as DNA, is the complex chemical structure that uniquely identifies each and every organism. An organism’s complete set of DNA is known as a genome.DNA is the fundamental building block of the genome.DNA is located inside an organism’s chromosomes. A chromosome is a structure found in the cell nucleus that contai...

  Guarantor has the liability to pay the loan amount taken by the principal debotor:- Recovery of debt from guarantor-Held, guarantee being a continuing guarantee,so long as the principal debt remained due and payable,the guarantor also remained liable-The suit was therefore not barred by limitation-However,liability of guarantor cannot exceed that of the principal debtor,even thought he guarantee documents mentioned so,since guarantor is only guaranteeing debt due by the principal debtor-Principal debtor being liable to pay interest 13.5% in respect of term loan facility   and 14% p.a. in respect of cash credit facility (B.G.Vasantha vs Corporation Bank<amangalore & anr,(2005) 10 SCC-215.                            Liability of guarantor is co-extensive with that of principal debtor unless it is explicitly exluded by the contract-Further held,...

  Sentence less than Minimum Sentence:-                    In “ State of MP vs Vikram Das ” reported in (2019) 4 SCC-125,the Supreme Court has held that awarding sentence less than the minimum sentence is impressibility .                    In “ State v. Ratan Lal Arora” : (2004) 4 SCC-590, the Supreme  Court of India said that in cases where an enactment enacted after the Probation Act prescribes minimum sentence of imprisonment, the provisions of the Probation Act cannot be invoked.                  

                 In “ Sharad Birdichand Sarda vs State of Maharashtra” :AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important. 1.      The circumstances from which the conclusion of guilt is to be drawn should be fully established. 2.      The facts so established should be consistent with the hypothesis of guilt. 3.      The circumstances should be of a conclusive nature and tendency. 4.      They should exlcude every possible hypothesis except the one to be proved. 5.      There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that...

  Essential Characteristics of a Will:- 1.      There must be a legal declaration; 2.      Such declaration must be with respect to the property of the testator & 3.      The declaration must be intended to operate after the death of   the testator. Criteria for Proper Execution of Will:- 1.      The testator must have a disposing mind free from all extraneous influences with sound mental mind; 2.      The testator must have a mental capacity to make a valid will until contrary is proved; 3.      The Will should be executed in accordance with S.63 ISA read with Ss.67/68 of IEA; 4.      The onus of proof of the Will is on the propounder of the Will. 5.      If any suspicious circumstances arises,required to be removed by the propounder etc.

  Applicability of CPC & Limitation Act in Writ Proceedings:-   The issue concerning applicability of the provisions of the CPC in the writ proceedings is no longer res integra in view clear pronouncement made by the Supreme Court in “ Puran Singh and Others v State of Punjab and Others” reported in (1996) 2 SCC-205 , wherein the Supreme Court was dealing with an issue as to whether the provisions contained under Order 22 of the CPC are applicable to proceedings under Article 226 & 227 of the Constitution of India. The question as to whether provisions of the Act, 1963 would apply in proceedings under Article 226 of the Constitution of India is also no longer res integra in view of the law laid down by the Supreme Court in “Smt. Sudama Devi v Commissioner and others ” reported in (1983) 2 SCC-1.  

  Eve-Teasing  :-                                                                        Site: freelegalguide1969.blogspot.com Eve-Teasing is a euphemism, a conduct which attracts penal action but it is seen, only in one State, a Statute has been enacted, that is State of Tamil Nadu to contain the same, the consequence of which may at times drastic. Eve-teasing led to the death of a woman in the year 1998 in the State of Tamil Nadu which led the Government bringing an ordinance, namely, the Tami Nadu Prohibition of Eve-Teasing Ordinance, 1998, which later became an Act, namely, the Tamil Nadu Prohibition of Eve-Teasing Act, 1998 . The meaning of the expression ‘ honourable acquittal’ came up for consideration before this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Pa...