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  Section 122. Gift.  The Transfer of Property Act, 1882 – Section 122 gives the definition of gift. It is a  gratuitous  transfer of ownership made voluntarily with own consent for an existing property. The section includes both movable and immovable property. Here, under this section, the transferor is called  donor  and the transferee is called  donee .       Essential Elements of Gift: Transfer of Ownership:  It is a gratuitous transfer of ownership i.e., absolute interest. The donee must disposes  the property himself to the donor. Existing Property:  The property or the gift which is gratuitous in nature must be in existence to transfer. No Consideration:  The transfer should be made gratuitously that means without any consideration. In gift, there should not be any consideration otherwise it is not a valid gift. Voluntarily:  The gift, which the donor wants to transfer donee must not be obtain without his free consent and will. The gift must be maid voluntarily by the donor only

  Doctrine of Lispendens Section 52 of Transfer of Property Act, 1882 talks about Doctrine of Lispendens .‘Lis’ means litigation and ‘pendens’ means pending. Thus, Lispendens means pending litigation. The rule of this doctrine is that during a pendency of any suit regarding title of a particular property, no new title or interest should be created in respect that very property. Because creation of new title is transfer of property. And this doctrine prohibits that. Origin of Doctrine of Lispendens: This doctrine is originated from the  Bellamy v. Sabine, 1857.  In this case the court observed this doctrine is based on common to law and equity which is based on the ground that if alienation pendente lite is allowed to prevail,it would not be possible to solve any proceeding successfully. The court further held that, in any suit the plaintiff will be held liable for defendant who is transfers his property to him before court's judgement and must be obliged thereafter. Conditions for

  Right to Die-by Vedant Karia at LexCliq The Right to Die has long been a controversial question. It has been a hot topic in India for decades with respect to faiths. Article 21 of the Indian Constitution states that “no individual shall be deprived of his life or personal liberty unless in accordance with the law”. Though this article is constructed negatively, its essence has a positive impact on a person's life. It obliges the state morally and legally to provide a decent life for its inhabitants. Diverse Indian judges have interpreted the term “right to life” in various circumstances over time. It has sever rights under its periphery now. This includes the right to a decent life, food, education, a clean environment, a decent roof, and other rights for a better living. The debate now is whether the right to die with dignity extends to the right to end one's life. Various opinions exist on this subject, including legitimate, political, noble, and medical. This issue was ori

  Domestic violence’s in India Domestic violence is a pattern of pieces of abusive behaviour in any relationship that is used by one partner that is to gain or maintain power and control over another partner.  There are different ways of causing injury to the victim  Intimidation, manipulation, isolation humiliation, fear, terror, coercion, threats, blaming, injury, and these are malpractice could be done by a person. Sometimes domestic violence can be related to a domestic abuse, relationship abuse, or intimate partner violence. This could be happened between the married couple, cohabiting partners, dating partners, and relatives  It can happen to anyone people in all walks of life regardless of age, gender, standard, sexual orientation, race, religion, education, profession, or whatever is your economic status. A frequent misconception of is that domestic violence always involves physical body harm but frequently it also involves emotional abuse, sexual abuse spiritual abuse, economi

  EFFECT OF TECHNOLOGY ON LAW Introduction Technology is one of the most prominent parts of the modern-day. The use of technology has extensively increased over the years and is involved in every field. One of those fields is the legal profession. Law is a very structured profession with precise forms of knowledge and flows of information and with new technology getting introduced, all the research work has become an easier task. Prior to this hi-tech technology, law practices were a manual, traditional, tiresome and diligent act. Soon the typewriter and telephone came into the picture which made the mode of communication and writing and drafting way more agile and easy. And with the evolution of electronic typewriters, computers, mobile phones, fax machine showed an even faster way in legal practices. With technology being at its highest pace, the internet set another advanced level for legal practitioners. The Internet made access to various records, research materials and an enormou

  LIABILITY OF SURETY  BY: Bishrant Khatiwada, SLS, Pune, Email: bishrantkhatiwada0@gmail.com In this article, we talk about the liability that can be imposed on you if you decide to become a surety to a contract. According to Section 126 of Indian Contract Act, 1872 , “A contract of Guarantee is a contract to perform the promise or discharge of liability of a third person. In a contract of guarantee, the person who gives guarantee is called the surety whereas the person in respect of whose default the guarantee is given is called principle debtor. The person to whom the guarantee is given is called the creditor.EG: A with his friend B enter a trader’s shop and A asks the trader to supply the articles required by B and if B does not pay the money for the articles A will. This is a contract of guarantee. The primary liability to pay is that of B but if he fails to pay, A becomes liable to pay. If the contracting parties should be compete to contract, suppose in the above mentioned examp

  MONIST AND DUALIST THEORY Introduction Monism and Dualism are the two principal theories that deal with the relationship between International and Municipal Law. According to the Monism beliefs, international law and municipal law are complementary facets of one system only then whether they are named differently. Whereas according to Dualism, these two are completely discrete and different legal systems on their own. The dualist theory sets international law apart from municipal law as international law involves a large number of state's legal system and often the theory is also referred to as pluralistic theory. Hence, to understand the relationship between International law and Municipal Law, it is important to understand these two laws in a proper manner. Monist Theory International law administers only International level and Municipal law on its local jurisdictional limits. But natural law advocates believe that both municipal and international law form one legal system, an