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Showing posts from November, 2020

Notice Under Transfer of Property Act, 1882

https://youtu.be/XseQsukcv4Q   Notice Literally the term “notice’ means intimation, intelligence or warning. Legal meaning of notice is knowledge of a fact or the information about a fact. It means that when a person has a notice of something, he has knowledge or information about a fact. And in law, if is established before court that a person has a notice of some fact or transaction, the knowledge of that fact is binding on that person. Hence, if person has knowledge or notice of some fact, he cannot deny the knowledge or notice of the fact if the same goes against him. First, understand the interpretation of notice as per bare act: Section 3 interprets notice as, “a person to have notice” of a fact when he actually knows that fact, or when but for willful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I : Where any transaction relating to immovable property is required by law to be and has be...

Meaning of Actionable Claim under Transfer of Property Act,1882

  Video Lecture: https://youtu.be/zPaSJJ-D00w Meaning of Actionable Claim Interpretation of actionable claim as per section 3 of Transfer of Property act, 1882 and Chapter VII of the act covers “Transfer of Actionable Claims” and provisions of the same are covered under sections 130-137.   Interpretation of actionable claim as per section 3 is: “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable not in possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. For understanding this interpretation, first need to comprehend the meaning of debt: (First this part of above interpretation will be discussed: “Actionable claim” means a claim to any debt, other than a debt s...

Section 403-409 I.P.C.

https://youtu.be/XldiCaFPTCY   Section 403 Criminal Misappropriation of Property According to section 403 I.P.C. a person commits, “criminal misappropriation” if he – (i)                  Dishonestly misappropriates or coverts to his own use, (ii)                Any movable property. For example – (a)          A takes property belonging to Z out of Z’s possession in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft, but if A after discovering his mistake dishonestly misappropriates the property to his own use, he is guilty of an offence under this section (b)    A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impress...