By Pallavi Verma, RMLNLU Editor’s Note: This article explains how the case laws have interpreted the term ‘benefits to arise out of land’ as used by the Legislature in Section 2(6) of the Registration Act and Section 3(26) of the General Clauses Act. INTRODUCTION The phrase ‘benefits to arise out of […]
Absolute and Partial Restraints on Transfer
The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.
Concept Of Execution
By Abhishek Kumar, CNLU INTRODUCTION Execution is the last stage of any civil litigation. There are three stages in litigation: Institution of litigation. Adjudication of litigation. Implementation of litigation. Implementation of litigation is also known as execution. A decree will come into existence where the civil litigation has been instituted […]
Ostensible owner under TPA
By Siddhant Sharma Editor’s note: Transfer of property by an ostensible owner is a concept which was incorporated to protect the rights of innocent third parties vis-à-vis the property owners. This paper examines the landmark judgment of Ramcoomar Koondoo v. John and Maria McQueen, the decision which found its way […]
“Goods” under the Sale of Goods Act, 1930
By Aditya Sood Editor’s note: ‘Goods’ have been defined under § 2(7) of the Sale of Goods Act, 1930, to include every kind of movable property, including stocks, shares, crops, grass, severable objects, etc. It is supplemented by the definitions of movable and immovable property under § 3(36) and § […]
The Right to Property of Hindu Women
By Ayushi Singhal, NUJS INTRODUCTION It is common knowledge that the Indian society is predominantly patriarchal and the preferential rights given to men with respect to property, both movable and immovable, are just another manifestation of the male centric societal structure. Giving women the right to inherit, own, use and […]
Partition under Land Laws of Punjab
By Harpreet Kaur, UILS, Chandigarh “Editor’s Note: Partition is an important subject under land laws. This paper seeks to examine the land laws governing partition in the state of Punjab, by studying the provisions of the Punjab Land Revenue Act, 1889. It studies the concept of partition, the rights of […]
Interest of Hindu Women in Coparcenary Property under Hindu Succession Act, 2005
By Deepali Kumar, Guru Gobind Singh Indraprastha University, Delhi “Editor’s Note: India has been a patriarchal society where women have been unfairly discriminated against. This was reflected in laws like the Hindu Succession Act, 1956, which did not give women a birth right in the joint family property under Mitakshara coparcenary. The […]