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11 Mar 2025

Posted by: Manas shrivastava

Person Competent to transfer under Section 7 of the Transfer of Property Act 1882

The Transfer of Property Act establishes legal provisions governing the transfer of property in India. One of the key aspects of a valid transfer is the competency of the transferor, as outlined in Section 7 of the Act. This provision specifies the essential conditions that must be met for a lawful transfer and defines the qualifications of persons who are eligible to transfer property. A valid transfer requires both the transferor and transferee to possess the necessary legal capacity, ensuring....

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11 Mar 2025

Posted by: Aishwarya Chourasia

Chhattisgarh Judiciary Syllabus 2025

The Chhattisgarh Judiciary syllabus encompasses key aspects of the examination, including criminal and civil laws, procedural laws, the Indian Evidence Act, the Indian Penal Code, the Indian Constitution, and other related subjects. This year, the Chhattisgarh Judiciary syllabus has been revised as per the official notification released on December 23, 2025.  Chhattisgarh Judiciary Syllabus 2025 The Chhattisgarh Public Service Commission (CGPSC) conducts the Chhattisgarh Judicial Service Examination to appoint Civil Judges. CGPSC is the governing body responsible for framing the....

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11 Mar 2025

Posted by: Aishwarya Chourasia

Being a Woman in the Indian Judiciary

"A woman struggles to be herself in a male-dominated society with laws and judgments shaped by men." - Henrik Ibsen  Henrik Ibsen is considered the world's pre-eminent dramatist of the 19th century and is often referred to as "The father of modern drama." The statement resonates deeply with the reality of women in the Indian judiciary. On International Women's Day, it is crucial to examine the status of women judges in India. Despite increased participation in the subordinate judiciary, systemic barriers....

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15 Feb 2025

Posted by: Manas shrivastava

Properties that cannot be transferred under section 6 of Transfer of Property Act 1882

The Transfer of Property Act, 1882, governs the transfer of property in India and lays down the legal framework for such transactions. It defines what can and cannot be transferred, ensuring that only legally valid and fair transfers take place. While property of any kind can generally be transferred, there are certain exceptions where the law prohibits transfer due to the nature of the property, public interest, or the rights of specific individuals. Section 6 of the Act lists these....

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15 Feb 2025

Posted by: Aishwarya Chourasia

Interest May Be Denied to a Party Who Abused Judicial Process: Supreme Court

In a significant ruling, the Supreme Court of India has clarified that while interest is typically awarded in commercial disputes under Section 34 of the Civil Procedure Code (CPC) to compensate for the time value of money, it may be denied in cases where a party's conduct undermines judicial integrity. The Case at Hand A bench comprising Justices Surya Kant and Ujjal Bhuyan, in the case of M/s. Tomorrowland Limited vs. Housing and Urban Development Corporation Limited & Another [2025....

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14 Feb 2025

Posted by: Manas shrivastava

Actual and Constructive Notice under Transfer of Property Act 1882

Introduction The concept of notice is essential in property law, as it determines whether a person is legally aware of certain facts related to a transaction. Under the Transfer of Property Act, 1882, the term notice is defined under Section 3, which explains when a person is considered to have knowledge of a fact. The importance of notice lies in the fact that once a person is deemed to have notice of a fact, they cannot later deny its existence.....

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14 Feb 2025

Posted by: Aishwarya Chourasia

Supreme Court Condemns Misogynistic Language in Judgments: A Landmark Ruling on Women’s Dignity and Rights

Introduction The Supreme Court of India, in a landmark ruling, has strongly criticized the use of misogynistic language in judicial pronouncements, stated that terms like "illegitimate wife" or "faithful mistress" violate a woman’s fundamental rights under Article 21 of the Constitution of India. This decision comes in response to a Bombay High Court judgment that employed such derogatory expressions in a case concerning a void marriage. Background of the Case The case in question arose in the matter of Sukhdev....

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13 Feb 2025

Posted by: Aishwarya Chourasia

Alleged Harassment Leaves Victim No Option but Suicide for Abetment: Supreme Court

The Supreme Court of India recently quashed charges of abetment of suicide under Section 306 of the Indian Penal Code (IPC)(Now Section 108 of Bharatiya Nyaya Sanhita,2023), emphasizing that for such charges to hold, the alleged harassment must be so severe that it leaves the victim with no alternative but to end their life. Additionally, it must be established that the accused had the intention to aid or abet the deceased in committing suicide. Understanding Abetment of Suicide under Section....

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13 Feb 2025

Posted by: Manas shrivastava

What are Actionable Claims under the Transfer of Property Act 1882

In legal terms, an actionable claim refers to a right that a person holds to recover a debt or a beneficial interest in property through a legal proceeding. Unlike tangible assets that can be physically possessed, an actionable claim exists as a legal right recognized by civil courts, allowing the claimant to seek relief. This concept plays a crucial role in property law, particularly in matters involving debts and claims over movable property. Definition Under Section 3 of the Transfer....

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12 Feb 2025

Posted by: Manas shrivastava

Attestation under section 3 of the Transfer of Property Act 1882

Attestation plays a crucial role in property transactions, ensuring that the execution of a transfer document is genuine and legally valid. In the context of property law, attestation involves witnesses verifying that the transferor has signed or executed the deed of transfer. This process safeguards the legitimacy of property transfers and prevents fraudulent claims. Oral and Written Transfers Under the Transfer of Property Act Property can be transferred either orally or through a written document. Section 9 of the Transfer....

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