Articles

The Doctrine of Persona Designata in Wills and Successions

Introduction The doctrine of persona designata translates to “a person considered as an individual rather than as a member of a class”, according to Black’s Law dictionary. In the law of wills, the intention of the testator remains paramount while deciding the interpretation of the said testator’s will. However, when the will’s wording creates certain doubts […]

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Ejusdem Generis in the Testamentary Context

Introduction In the construction of legal documents, such as wills and testaments, precision of language is paramount. However, ambiguous or vague terms are common in wills and testaments, which are frequently written by laypeople or without thorough legal review. In such cases, courts rely on an interpretative tool known as the doctrine of ejusdem generis,

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The Doctrine of Waiver

Introduction A waiver is essentially the intentional relinquishment of a legal right or claim. In the Indian legal context, this doctrine finds application across contract law, constitutional law, testamentary law, and various other fields. In these fields, individuals may, expressly or by conduct, with full knowledge of their existing rights, choose to abandon said right/rights. 

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Provisions against “fraud” under the Hindu Marriage Act, 1955

Introduction: When two eligible adults, as provided under sections 2 and 5 of the Hindu Marriage Act, marry in accordance with Hindu (or related ‘Sanatani’ religions) customs, it is said to be a legally recognised marriage. However, as the case may arise, there is a possibility of “fraud” occurring during the course of the solemnisation

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What Are The Distinctions Between The Terms “Unmarried”, “Bachelor”, And “Divorcee” In India?

INTRODUCTION: While there are no defined meanings for the terms “bachelor”, “unmarried”, and “divorcee” in Indian laws, an interpretation of these might be necessary in cases where concealment of prior marriage status may be a bone of contention. Oxford Dictionary defines “bachelor” as” a man who has never been married”, while “unmarried” is defined as

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Balancing Contract Enforcement and Bona Fide Protections `Under Section 19(b)

Introduction  Section 19 Clause (b) of the Specific Relief Act, 1963, empowers a plaintiff to enforce specific performance of a contract against not just the original contracting party but also against subsequent transferees, provided certain conditions are met. This provision underscores the significance of contractual obligations and seeks to uphold the sanctity of agreements in

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Do Female Hindus Have Absolute Rights Over Their Property?

Abstract This article critically examines Section 14 of the Hindu Succession Act of 1956. Section 14 of this Act is significant because it covers Hindu women’s property rights, providing them complete ownership of their assets. This part is a step toward social justice for women who face excessive prejudice in inheritance affairs. This research looks

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