The doctrine of election is a legal clause in the Transfer of Property Act that prohibits a person from exercising a right that they otherwise would have. The doctrine of election has a very wide scope. Equity-based principles serve as the foundation for the doctrine of election. It is applicable to all types of property, whether movable or immovable, and to all types of legal documents, including wills and deeds. A person cannot opt to accept only the parts of a deal or instrument that are advantageous to him and reject the others. Let’s now talk about the doctrine of election as it is mentioned in Section 35 of the Transfer of Property Act, using some relevant examples and significant precedents.
Chapter V (Sections 41–60) of India’s Criminal Procedural Code 1973 (CrPC) discusses the arrest of an individual, however, it does not provide a definition of the arrest.
In this article we will be discussing what is the Paris Convention, why exactly was this convention needed, and what protections this convention provides to the contracted States.
In this article, we will discuss the concept of composite supply and mixed supply under the Goods and Servies Tax (GST), the distinction between the two, and discuss why is there a need to have this distinction under the law.
Electric vehicles (EVs) are vehicles with electric motors rather than internal combustion engines. The vehicle uses a battery pack to power the electric motor. This battery pack to power an electric motor requires a sufficient supply of electricity which is supplied from electric vehicle supply equipment (EVSE) that is, it needs to be charged by plugging into a wall outlet or charging equipment. This facility is provided by EV charging stations (EVCS). This article covers legal requirements for opening an electric vehicle charging stations in India and all the other aspects related to EVCS.
Religion is a vital part of an individual’s life as it guides the morals and behavior of an individual. India has such a vast and diverse culture and has all kinds of religions and people practicing all kinds and forms of religion so there would be going to be conflicts between the different types of religion. It is important for the government to make laws regulating religious activities and at the same time preserve religion. The constitution of India has elaborated on this in Part III of the fundamental right, especially in Article 25 which gives every person the right to freedom of conscience and the right to profess, practice, and propagate the religion subject to public order, morality, and health. To protect these provisions of the fundamental right there are legislations in India that provides the framework for the conversion, practice, and propagation while maintaining public order and peace.
Terrorism is one of the most dangerous crimes in the world. It does not only target innocent people but also destroys the economies and diplomatic world relationships of the countries. Terrorism does not have a specific definition in different parts of the world. It is frequently used to imply that something is “morally wrong.” Governments and non-state groups use the term to abuse or denounce opposing groups. To protect the state from terrorism and anti-social activities governments enact anti-terrorism laws on their people. India has recently seen reports of terror-accused groups and individuals.
In Latin, we say the object speaks for itself (res ipsa loquitur). The doctrine of res ipsa loquitur (or res is for short) is used as an evidentiary rule in personal injury law to create a rebuttable presumption of carelessness on the side of the defendant based on the plaintiff’s conduct. In other words, if the plaintiff presents sufficient circumstantial evidence, the defendant will have the burden of proving that he or she was not negligent, even though the plaintiff would normally have to establish that the defendant behaved with a negligent state of mind via res ipsa loquitur.
The idea of muta marriage emerged in ancient times when the Arabs had to travel far from their homes for extended periods of time due to battles, pilgrimages, or commercial journeys to prevent both from engaging in prostitution and gratifying their sexual appetites. This article will focus on familiarizing the reader with the concept of Muta Marriage, its origins, and the question surrounding its legitimacy and legality in India. It will also critically analyze similar practices and the position of women participating in these marriages.