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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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Articles

Doctrine of Donatio Mortis Causa

Introduction The doctrine of donatio mortis causa (DMC) occupies a unique space in succession law, positioned halfway between a gift and a testamentary bequest. Rooted in Roman law and preserved in English and Indian jurisprudence, it reflects a human anxiety surrounding death and an urgent need to secure one’s affairs. Simply put, a donatio mortis

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Articles

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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Articles

Role of an Executor in Wills

Introduction Wills form a foundational element of the Indian legal system, serving as a formal means through which individuals can direct the distribution and management of their estate after death. Defined under Section 2(h) of the Indian Succession Act, 1925, a will is a legal declaration made voluntarily by a person (the testator) during their

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Judgment Analysis

Meena Pradhan & Ors. V. Kamla & Anr, Civil Appeal No. 3351/2014

This case has been analysed via IRAC method Civil Appeal No. 3351 of 2014 (Arising out of SLP(C) No. 17115/2010) Court: Supreme Court of India Coram: Justice Sanjay Karol  Issues: Whether there are sufficient grounds that warrant interference with the concurrent findings of the fact, upholding the validity of a Will? Whether the Will has

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Judgment Analysis

Dr Reddys Laboratories Limited vs Smart Laboratories Pvt Ltd

Court: Delhi High Court Issue: Whether the phonetic similarity of AZIWOKE (product by Dr Reddys Laboratories Limited) and AZIWAKE (product by Smart Laboratories Pvt Ltd) amount to being “deceptively similar”? Whether a lawsuit can be filed without first exhausting the pre-institution mediation remedy mandated under Section 12A of the Commercial Courts Act. Rules: Section 23

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