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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 10)

Probate of a Will

What is Probate? Will has been defined under Section 2(h) of the Indian Succession Act, 1925 as a “Legal declaration of the intention of a person regarding his property, which he desires to take effect after his death,”. The Probate of the Will under the Indian Succession Act, 1925 decrees that probate is official proof of a Will. So, the court issues probate to the executors of the will, to authorize them with a seal of approval from the court. In case there are no executors of the will, the court shall issue only a simple Letter Of Administration. And the court shall not issue probate. It is essentially...

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Everything to know about writing a Will

What is a Will? A Will means the legal declaration of the intentions of an individual about his property and assets, which will take effect after the demise of the person. It is a unilateral contract. Further, It can be revoked or modified by the maker at any time when he would be competent. A Will drawn out by a Hindu, Sikh, Jain or Buddhist is governed by the Indian Succession Act, 1925. However, Mohammedans are not governed by the Indian Succession Act, 1925 and they can subsequently decide the disposal of their assets under Muslim Law. Who can make a Will? Firstly, Any...

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LEPROSY TO BE NO MORE A GROUND FOR DIVORCE

The Lok Sabha passed Personal Laws (Amendment) Bill, 2018. This Bill is passed to remove Leprosy as a ground for divorce. Leprosy is the contagious disease that affects the skin, mucous membranes, and nerves, causing discoloration and lumps on the skin and, in severe cases, disfigurement and deformities. It passed the Bill in Lok Sabha on August 2018. Before the passing of this Bill, the leprosy was a ground for divorce. The disease is curable now, as against the notion of it being incurable in the earlier times. The marriage comes under the preview of Personal Laws, therefore this Bill is also...

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RIGHT TO EDUCATION

Introduction to Right to Education  Education has always been an important part of anyone’s life. And especially the education of the youth is crucial for the development of the country. Before moving forward, let us know what exactly education is? Education is facilitating the learning, or the acquisition of knowledge, skills, values, beliefs, and habits. A child’s first school is always his/her home where he/she learns about the basic etiquettes. The education limited only to home is not enough for the evolution of both the child and the country. Therefore, Article 21A of the Indian Constitution is being stated so that free and compulsory primary education is being provided...

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DIFFERENT INKS ON NEGOTIABLE INSTRUMENT MAY RENDER IT VOID

A recent judgment of the Madras High Court says that different inks on the negotiable instrument may render it void. This is as per the material alteration mentioned under Section 87 of the Act. In 2007, the defendant named Kasi Pillai executed a promissory note for repayment in favour of the plaintiff named M Mallika. In 2010 the plaintiff had issued a notice for repayment. Therefore, she instituted a suit on the basis of the promissory note which was in her favor. However, in appeal, the Court set aside the judgment of the lower Court and passed an order in favour of Pillai’s...

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PROCEDURE FOR EXECUTION OF ARBITRAL AWARDS

 INTRODUCTION We have recognized Arbitration worldwide as one of the most reliable modes of alternative dispute resolution. Arbitration is very effective in resolving trade disputes with more and more predictability, certainty and efficacy. Arbitration in India, during the present times, can be traced back to the British rule in India after the establishment of the Legislative Council in India in 1834. The Legislative council enacted the Indian Arbitration Act of 1899. This was the first time that legislation on Arbitration enacted. Further, in the Code of Civil Procedure Act of 1908, Arbitration provisions included. The First schedule extending to the territories of...

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LEGAL REMEDIES AVAILABLE TO A PERSON IF TRAPPED IN A FAKE CHEQUE BOUNCE CASE?

INTRODUCTION In the current scenario, most of the lower Courts are burdened with the fake cheque bounce cases, falling under section138 of (Negotiable Instruments) NI Act. Section 138 of the NI Act, 1881, provides with the legal recourse to deal with the situation of dishonour of cheque. Now, for a better understanding, we need to understand what is a cheque, what is its validity and what are the reasons, due to which gets bounced or becomes the reason of any other legal issue. To begin with, let us have a quick view on section 138 of the NI Act. Section 138 of the Negotiable...

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Money Lenders License

A money lender is an individual who lends a comparatively small amount of money as compared to other financial institutions at a higher rate of interest. The money lenders can charge a higher rate of interest as they face a greater risk of the receiver defaulting on the loan. People who are not able to receive loans from a bank for a variety of reasons approach these money lenders for loans. The state list envisages matters pertaining to private money lenders. Therefore, state-specific law applies to this subject. Almost all states have their own laws. Some notable money lending acts are...

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Judgments to be Translated to Regional Language

Importance of Regional Language Translation Speaking at the special convocation ceremony at Tamilnadu Dr. Ambedkar Law Academy, Chennai, President Ram Nath Kovind stressed on the need to have judgments translated to Regional Language. The Supreme Court has decided to make its judgments available in regional languages on its official website. The court is also making arrangements to implement this. English is the official language of High Courts and Supreme Court of India. Hence, all the proceedings and judgment takes place in the English language. Most of the time litigants are not conversant with the English language; they face difficulty in understanding the...

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Role of Expert Opinion in Evidence Law

Introduction Section 45 of the Indian Evidence Act, 1872 provides legal pertinence of opinion of third persons in a lawsuit. One knows this commonly as ‘expert opinion’ in our day to day practice. These provisions are exceptional and contrary to the general rule of evidence. This contrasting stand is based on the opinion that the Court cannot form an opinion on matters are of a technical or professional nature without the assistance of certain people who have acquired special knowledge in those matters. Why is expert opinion important? Expert opinion can only be admitted when a dispute cannot be resolved without it. According to Section...

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