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Showing posts with the label Transfer of Property Act 1882

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...
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Meaning and Kinds of Property

Meaning of 'Property' :- The word Property' means things owned, possession. According to Salmond, 'property' means proprietary rights in rem. As per John Austin, 'property' is a right availing against he world(jus in rem). Property can be defined as being the right to possess, use, enjoy and dispose of a thing. It includes any property over which any person has disposing power which he may exercise for his own benefit. Nature of 'property' :- In Transfer of Property Act, 1882 the word 'property' has been used in any one of the following senses :- 1) Tangible material things like land and houses, furniture and jewellery and pictures. 2) Rights which are exercised over material things like right to enjoy and possess, right to sell or to make a gift of things. 3) Right which are not exercised over any material things like a right to repayment of a debt. Kinds of 'property' :- Property can be for kinds. This are as follo...
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Object of the Transfer of Property Act, 1882

This chief object of the Transfer of Property Act are two-folds. First to bring the rules whose regulate the transmission of property between living person into harmony with the rule affecting each devolution upon death and thus to the complement the work that commenced with the framing of the law of intestate and testamentary succession. Secondly to complete the code of law of contract, so fary as relates to immovable property. The following are the object of The Transfer of Property Act, 1882 :- 1) One of the object of the Act was to render the system of transfer of immovable property or system of public transfer. Registration is, therefore, generally insisted upon for completing a transfer accept in cases of transaction of small value. 2) Another object of the Act was to render more simple and efficient the law relating to mortgage. Section 60 of the T.P Act recognize the mortgagor's right redeem and his right has not been made subject to a contract to the contrary. Full ef...
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