JUDICIARY MY DREAM

Improvements made by bona fide title holders under defective titles Section 51 - TPA The transfer of Property Act, 1882 collaborate all the possible transactions between a transferor and a transferee. Similarly, section 51 of the Property act lays down “when the transferee of immovable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market value thereof, irrespective of the value of such improvement. The amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction. When, under the circumstances aforesaid, the transferee has planted or sown on the ...

Ostensible Owner Ostensible means which appears to be true but in reality it is not. An ostensible owner means a person who appears to be the owner of a particular property but is not. He is not a trespasser or person having unlawful possession of the property. He behaves like the owner of the property with the consent or conduct of the real owner itself. Example: X owns property in Delhi but she lives in the USA. She allows Y, her brother who happens to live in Delhi to take care of the property including the payment of taxes, carrying major repairs, etc. Here X is the Real Owner of the property whereas Y is the Ostensible Owner. Benamidars or Benami Transactions are also an example of Ostensible Owners. Section 41 of Transfer of Property Act, 1882 deals with – the transfer by Ostensible Owner Essentials of Section 41         Done by ostensible owner           The transfer is done for a consideration         Th...

Doctrine of Election Section 35 of the Transfer of Property Act, 1882 Section 35 of the Transfer of Property Act, 1882 incorporates the Doctrine of election alongside Section 180-190 of the Indian Succession Act 1925. Election simply means choosing between two alternative rights or inconsistent rights. Under any instrument if two rights are conferred on a person in such a manner that one right is in lieu of the other, he is bound to elect (choose) only one of them. One   cannot take under and against the same instrument. Principle Underlying the Doctrine of Election Allegans contraria non est audiendus : he is not to be heard who alleges things contradictory to each other. In Cooper v. Cooper , Lord Hather explained the principle underlying the doctrine of election in the following words, “…there is an obligation on him who takes benefit under a will or other instrument to give full effect to the instrument under which he takes benefit ; and if it is found out that in...

1.Offence Against Children Undre Different Legsilations Offences Under IPC The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Offences and their Punishment against Children under the Juvenile Justice Act,2015 Child Labour (Prohibition and Regulation) Act, 1986 The Trafficking of Children and Immoral Traffic (Prevention) Act,1956 2  Juvenile under Juvenile Justice Act and Provision Determining Age of Juvenile Delinquent 3   Institutions to apprehend, treatment and rehabilitation of juvenile offenders in India 4   Use of discretion by Juvenile Justice Board in disposition of cases of Juvenile Offenders 5   Pattern and problem in implementation of Juvenile Justice Act and other legislation related to children offenders

Pattern and problem in implementation of Juvenile Justice Act and other legislation related to children offenders   Challenges to Juvenile Justice (Care & Protection) Act, 2000 According to Article 37(a) of the Convention on the Rights of the Child, No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment[30]. This provision has not been mentioned under the JJA, 2000 and keeping in mind, the sad and uncomfortable reality of child abuse, this provision has to be incorporated. Article 40 of the CRC mandates the state to incorporate certain basic guidelines for a child in conflict with law, but the same has not been incorporated in the JJA, 2000. Though CrPc and Constitution of India provide laws for the protection of children but according to JJA, 2000 the laws must be made by the state, thus leaving space for the state to do unjust and exploit the rights of the child. According to Article 40(3)(b) of the Convention, Human Righ...