Posts

Stray dogs

Case no- SUO MOTO WRIT PETITION (C) NO. 5 OF 2025 J. (J.B. Pardiwala) J. (R. Mahadevan) Order   There is a recent order from the Supreme Court to take the stray dogs from the streets and put them in shelter and immunisation should be done and the shelter should be under surveillance using camera. Jurisprudence   There is no rights for the beasts but the beasts belong to the society where we live. There are fundamental rights for human but not for beasts  But the responsibility of human are declared in article 51A The fundament duties towards society. Prevention of cruelty to animals act 1960 The rules framed for the protection of animals says S.11(19) The picked up dogs from the street has to be released after sterilisation or immunisation in the same place where they were taken. The recent order is against the above rule where they will be put in shelter, the question before the court is are there enough shelter to take care of dogs or any steps taken is the questio...

Domestic violence

Any act threatening the safety of women can be  questioned by law this can be used by women to 1.protection 2.residence 3.custody of children in addition to Indian penal code 494 and 498A Which comes to the safety of women  IPC 494 It protects men and women  against multiple marriages if married again during the lifetime of wife/husband can file a criminal complaint . punishment imprisonment for seven years and fine IPC 498A it is special provision for women to safeguard herself against cruelty by husband or his relatives. protection officers nearest police station

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 

Hindu Intestate succession

 If a male dies intestate without a testamentary disposal  The division of his estate follow the rules Class 1 heirs There are 12 class 1 legal heirs which eliminates class 2 when present  1.daughter 2.son 3.mother 4.widow 5.son of predeceased son 6.widow of predeceased son 7.daughter of predeceased son 8.daughter of predeceased daughter  9.son of predeceased son’s predeceased son 10. Daughter of predeceased son’s predeceased son 11.widow of predeceased son’s predeceased son 12. Daughter of predeceased daughter  Class 2 heirs 1.father 2.brother 3.sister 4.a) son’s daughter son b) son’s daughter daughter 5.daughters daughter daughter  Daughter daughter son Daughter son’s daughter  Daughter sons son  6.brother’s son sisters son 7 father’s brother father mother 8 fathers widow brothers widow 9 mother’s mother mother father If a female dies intestate   1 son Daughter Husband  Heirs of the husband Father and mother  Heirs of the father H...

Law of wills

Interpretation and execution of will Dependant relative revocation   If a subsequent will is not clear or the intention is not clear the latest will if gets destroyed the previous will take effect  Privileged and unprivileged will The wills executed by soldier airman sea man are privileged wills the rest unprivileged ones Codicil   The additional changes to the will are done using codicil  Execution of will The will is to be signed by the testator and two attesting witness  Revocation of will By a subsequent will By destruction of will  By a instrument  Cheese v lovejoy  Conditional and contingent bequest  Rule of cypress (see pray) Onerous bequest  Void bequest  If the legate predeceases testator the bequest is void Probate The probate may be obtained from courts when there is no executor or administrator of will by applying to the district courts and the persons interested may file their caveats  Executor and administrators ...

Gifts

  Definition   The transfer of movable and immovable property without consideration  The gift should inter vivos Gift to idol in not valid Gift to unborn The gift needs acceptance otherwise it is void The gift may be made to another living person till the child id born may not be delayed after attaining majority  The rights vested in the person living should be transferred absolutely to the born child Revocation of gift Gift once accepted cannot be revoked otherwise If agreed by the evening agreed by donor and Donne  Illustration  A gifts his land to b with condition that if b has no heirs in life of A reverts to A Case law  Al card v skinner The plaintiff gifted to the defendant his property under the influence of mother superior later she sued for setting aside the gift the decision came in favour to the defendant that years have passed since the gift was made and no evidence of undue influence. S.123 -Transfer effected by registration by two witness...