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WHETHER A GIFT OF AN IMMOVABLE PROPERTY RESERVING A LIFE INTEREST (AMOUNTING TO CONDITIONAL GIFT) FOR THE DONOR IS VALID?
By Heena Thalesar, Advocate heenathalesar2233@gmail.com | February 2, 2023 There is a lot of confusion amongst lawyers and public in general “whether one can gift an immovable property reserving life interest for himself/herself?” Many people would like to gift their residential premises to their children during their life time to ...
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A DETAILED ANALYSIS OF THE COLLEGIUM SYSTEM FOR THE APPOINTMENT OF SUPREME COURT AND HIGH COURT JUDGES
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | February 02, 2023 THE COLLEGIUM SYSTEM AND THE ROLE OF THE COLLEGIUM The recent battle of words between the executive and the judiciary finds its genesis in the ever controversial topic, i.e, the collegium system. The Chief ...
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PRACTICAL ASPECTS OF LIS PENDENS – SECTION 52 OF THE TRANSFER OF PROPERTY ACT, 1882
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | January 09, 2023 Introduction The principle of Lis Pendens - ‘Lis’ meaning litigation/dispute and ‘Pendens’ meaning pending - is embodied in this maxim, and it finds itself codified in Section 52 of the Transfer of Property Act, ...
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A CHANGE IN AFFIRMATIVE ACTION OF RESERVATION – AN IMPORTANT JUDGEMENT BY THE HON’BLE SUPREME COURT OF INDIA
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | December 16, 2022 Introduction The 103rd Constitution Amendment Act was assented by the President of India in January 2019, and this amendment introduced a 10% reservation for Economically Weaker Sections (herein referred as EWS) for admission in ...
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Can a woman be punished under Section 354 of IPC? (Assault or Criminal force on a woman with the intent to outrage her modesty)
By Shivam B. Trivedi, Advocate rshivamtrivedi798@gmail.com | December 14, 2022 Introduction The general understanding is that a woman cannot be charged under Section 354 of IPC, however, the true interpretation differs. Section 354 of the Indian Penal Code, 1860 (“IPC”) is enacted with the objective of maintaining decent behaviour in ...
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EFFECT OF NOMINATION IN A CO-OPERATIVE HOUSING SOCIETY
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | November 19, 2022 INTRODUCTION Myth is existing in the mind of general public that upon death of a member of Co-operative Housing Society, the Nominee of such member becomes the Owner of the Flat. There is a general practice ...
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IS A COMPLAINT BY A TRANSGENDER WOMAN UNDER SECTION 498A OF IPC MAINTAINABLE?
By Shivam B. Trivedi, Advocate rshivamtrivedi798@gmail.com | November 11, 2022 Introduction Section 498-A of the Indian Penal Code, 1860 (“IPC”) was incorporated in the year 1983 with the object of giving protection to married women who were subjected to cruelty and abuse (verbal or physical), either by the husband or ...
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LEGALIZING ABORTION UPTO 24 WEEKS FOR ALL WOMEN; A LANDMARK JUDGEMENT
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | October 25, 2022 INTRODUCTION The Hon’ble Supreme Court judgment pronounced on the 28th September 2022, in X v. The Principal Secretary [1], declared that all woman have a right to safe abortion upto 24 weeks. The Hon’ble ...
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Deemed Conveyance and Certain Practical Difficulties
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | March 20, 2022 INTRODUCTION Section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (“the Act”) requires the promoter to convey all his right, title and interest in the land ...
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Remedies Available to Original Owner of Land After Order of Deemed Conveyance under MOFA
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | Dec 24, 2021 [*The relevant sections and statutes have been mentioned in brackets] INTRODUCTION After taking possession of flats and forming co-operative housing societies, flat owners often have to wait for years till the developer conveys his right, title ...
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