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IPC 378-382 THEFT: Top 15 Points 2020

1. Theft means dishonest removal of property out of the possession of any person without his consent. The crime of theft comes under offenses against property and has been dealt with under sections 378 to 382 of the Indian Penal Code. 
2. Under English laws theft is an offense punishable with imprisonment for 10 years under section 7 of the Theft Act, 1968 and defines theft as a person guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other. 


3. Section 378 of the Indian Penal Code defines theft as any person intending to take any movable property without honesty, out of the possession of any person without that individual's consent, is said to commit theft. 
4. Ingredients essential to consider an offense a theft;
1.    The accused must have dishonest intention to take the property. 
2.    The property concerned must be movable. 
3.    The property must be taken out of the custody of another person, resulting in…

Guardians and Wards Act

Guardians and Wards Act
1. We all know that children are physically and mentally immature so they need special safeguards and care. Our laws itself say that minors cannot act independently but can act only through the guardian. Most country's laws specify that parents are the legal guardian of the child and that the parents can designate who shall become their child's guardian in the event of their death. Sometimes the court will appoint guardians for the welfare of the child. 



2. In India, there are two important legislation regarding guardianship and custody. The first one is the Hindu minority and guardianship act 1956, and the second one is the guardians and wards act 1890. 
3. A minor refers to a person who has not completed the age of 18 years; Therefore, children less than 18 years of age are supposed to have a legal guardian. 
The guardians and wards act defines a guardian as a person having the care of the person of a minor or his property or both his person and property…

The Registration of Births and Deaths Act,1969: Top 8 Points

Births and deaths Registration Act 1969 
1. The registration of births and deaths act regulates the registration of births and deaths and matters connected with births and deaths in our country. 
2. The registration of births and deaths act gives certain responsibilities to certain individuals to report the birth or death of a person to the concerned authority for their registration. 


Various registrars or authorities have been established under this act: 
1.    Registrar-General: The registrar appointed by the central government.

2.    Chief Registrar: Chief registrar of the state who is appointed by the state government.

3.    District Registrar: The state government appoints the District Registrar for each revenue district.

4.    Registrar: The state government may appoint a registrar for each local area within the jurisdiction of a municipality or panchayat.

5.    Sub-Registrar: The Registrar with the approval of the chief registrar may appoint sub-registrars and assign them dutie…

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT: TOP 14 POINTS 2020

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT
1. Specific performance refers to fulfilling of contract as agreed by both parties. 
2.   Any party who has suffered a loss because of a breach of contract or non-performance of a contract on part of another party can file a suit for specific performance. 
3. Equity courts provide the relief of specific performance which was affected because of non-performance of a contract as agreed. The court does not consider this as a right of the plaintiff but an alternative to awarding damages. The court provides a specific performance order at its discretion. 


4. Section 16(c) of the Specific Relief Act puts the burden on the plaintiff to prove that he had performed his part or will perform as agreed by both parties in the contract. This clause emphasizes the ‘readiness and willing’ of the plaintiff and is the most important part of suing for specific performance. In simple words, the person seeking specific performance from the court must prove the court t…

Is it legal for unmarried couples to stay in a hotel? - couple friendly hotels

Can an Unmarried Couple Stay in Hotel? 
1.  Over the last few decades, India as a country and society is rapidly marching towards modernization with a radical shift in lifestyle and attitude. Such changes have helped us become more accepting and open-minded society but as we Indians are culturally drawn in following our traditions there are a lot of restrictions we have cultivated over centuries and that is the reason most innocent unmarried couples find it difficult to spend some quality time together in our country. 



2.   If a couple lives in a hotel, the police have no right to harass or arrest them. It is not a crime for an unmarried couple to stay in a room in a hotel. 
3.   The Supreme Court in his recent judgment has said that under Article 21, if both the boy and girl are adults, then they can live together as they wish. 
4.   It is the basic right of an unmarried couple to stay in a hotel or enter a mutual physical relationship if they wish the only condition being that the coupl…

19 Important Points to Note About Succession Certificate I 2020

Succession Certificate
1.   A succession certificate is an order issued by the Court of Law to the legal heirs of the deceased person who died without writing a will, leaving behind debts and securities. When a will made by the deceased person is present, a succession certificate doesn’t apply.
2.   A succession certificate certifies that the concerned person is the legitimate successor of the deceased person and is entitled to get any legal assets left by the deceased person.
3.   A succession certificate also allows the person to make payment of the debt or transfer securities to another person without having to put a legal heir title on him.



4.   Section 372 of the Indian Succession Act, 1925, enables a person to apply for the grant of succession certificate regarding debt or security of the person who dies intestate.
5.   A civil court is authorized to issue a succession certificate only after a petition made by the legitimate heirs of the deceased person.
6.   Where the deceased person…

Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format

1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate.
2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc.
3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir.


Procedure for getting legal heir certificate

4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate. Legal heir includes Husband/Wife or Son/Daughter or mother of the deceased person.
5. The Legal Heir Certifica…

Indian Evidence Act, 1872–Burden of Proof (Section 107 & 108): Top Points

Indian Evidence Act 1872–Burden of Proof (Section 107 & 108)

1.    Indian Evidence Act was enacted on 15th March 1872 and came into force on 1st September 1872. This act was also applied in Pakistan until 1984. It contains a set of rules and allied issues governing the admissibility of evidence in the Indian Court of Law. 
2.    Burden of Proof is covered under Sections 101–114 of the Indian Evidence Act, but the term Burden of Proof has not been defined in the Act. It has two distinct meanings; 
1.  The Burden of Proof as a matter of Law and Pleading: According to this definition, the party providing facts during pleading has the burden to prove the facts.

2.  The Burden of Proof as a matter of Adducing Evidence According to this, it is the burden of the party to prove their facts to adduce evidence. 3.    Section 101 of the Indian Evidence Act states that the burden of proof is on the party who is saying. 
4.    In simple words, the burden of proof defines the responsibility of a par…