Rule Against Perpetuity
The word ‘perpetuity’ means indefinite period. The rule against perpetuity, also known as the rule against remoteness of vesting, means that a property cannot be transferred in such a manner that it becomes inalienable for an indefinite period. This disposition would be a transfer in perpetuity. Any disposition in perpetuity may arise in two ways: By […]
Lifting the Corporate Veil
In the landmark judgment of Saloman v Saloman Co. Ltd. (hereinafter refer as ‘Salomon case ‘), it was deduced that ‘company is a separate legal entity‘, having an identity of its own, which is independent and distinct form its members and shareholders. This is a well-settled principle recognized by many common as well as civil law countries around the […]
Res Gestae under Section 6 of Indian Evidence Act,1872
Res Gestae has been derived from the Latin term which means a transaction or an event. It includes everything that may be incidental or considered as incidental to the main fact in issue. It can be explained as the facts so closely connected as are incidental and provides and explanations to the main fact, it […]
Limitation Act 1963
Limitation Act is the Act that prescribes the time limit or period of limitation for certain suits in civil matters so that the aggrieved party may apply within the limited time provided to them to file a suit or approach the court for justice.Limitation means to limit something, or a restriction, or circumstances which are […]
Section 10 of the Hindu Marriage Act, 1955
Either party to a marriage, Whether solemnized before or after the commncement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub- section (1) of Section 13, and in the case of wife also on any of the grounds specified in sub- section […]
Section 9 of Hindu Marriage Act, 1955
When either the husband or the wife has , without reasonable excuse, withdrawn form the society of the other aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition and that there is no […]
Doctrine of Colourable Legislation
The doctrine of colourable legislation is a legal principle that addresses situations where a legislative body passes a law that, on the surface, appears to be within its constitutional powers but is, in reality, an attempt to achieve an objective beyond its jurisdiction. This doctrine, derived from the Latin maxim “quando aliquid prohibetur ex directo, prohibetur […]
Section 13 of Hindu Marriage Act 1955
The Hindu Marriage Act, 1955, serves as the cornerstone of matrimonial laws for Hindus in India. It encompasses provisions for marriage, restitution of conjugal rights, judicial separation, and divorce, among others. Section 13 of the Act specifically governs divorce, enumerating the grounds on which a marriage can be dissolved. By incorporating provisions for divorce while maintaining mechanisms […]
Divorce under Hindu Marriage Act, 1955
Marriage in Hindu religion is considered to be sacred where there is a perpetual bond between a husband and wife. Divorce in earlier times didn’t even exist, as the bond between a husband and his wife was considered to be a relation that wouldn’t be broken even by death. But because of change in time […]
Delegated Legislation
The “delegated legislation” concept has shaped modern democratic systems, and it plays a pretty important role in the development and function of administrative law. It’s an indispensable feature of legislation in an increasingly complex system of governance and administration around the world. In administrative law, it is known as subsidiary or subordinate legislation; provisions of […]