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Drafting-Pleadings-and-Conveyancing.pdf
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Drafting Pleading and Conveyancing.

See the drafts of Civil criminal pleadings such as Plaint, complaint, bail etc. as well as Agreement to sell and Sale deed.

To get a fair idea of how practically the law is applied because 1st step for a practical lawyer is to learn to draft as per the law and a law student to imagine how practical world works and to understand the concept in interesting way then it is a good method.


Reading Writs under constituion then go through these drafts after reading the concept and find out what what law points are applied and what aren't.

@CurrentLegalGK
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
https://www.verdictum.in/court-updates/supreme-court/khalsa-university-v-the-state-of-punjab-2024-insc-751-arbitrariness-article-14-1553530?utm_source=chatgpt.com
The two-Judge Bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan observed, โ€œIt can thus be seen that in the said case, it was held that the test of manifest arbitrariness as laid down by this Court in various judgments would also apply to invalidate legislation as well as subordinate legislation under Article 14. It was held that manifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. It further goes on to hold that when something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary.

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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
Conditions To Invoke S. 53A Transfer Of Property Act : Supreme Court Explains https://www.livelaw.in/supreme-court/conditions-to-invoke-s-53a-transfer-of-property-act-supreme-court-explains-279281
Section 53A of TPA acts as a shield for the prospective transferee who is holding possession of the immovable property under a contract of sale, that is not formally executed (not registered). The provision puts an obligation on the transferor to not enforce the contract against the transferee when the transferee has acted in accordance with the written agreement.
โ€œSection 53-A of the Transfer of Property Act was inserted partly to set at rest the conflict of views in this country, but principally for the protection of ignorant transferees who take possession or spend money in improvements relying on documents which are ineffective as transfers or on contracts which cannot be proved for want of registration. The effect of this section, is to relax the strict provisions of the Transfer of Property Act and the Registration Act in favour of transferees in order to allow the defence of part performance to be established.โ€, the court observed.

GIRIYAPPA v. KAMALAMMA, 2024

#Object_of_law@CurrentLegalGK
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
S. 100 CPC | High Courts Cannot Pass Interim Order In Second Appeal Without Framing Substantial Question Of Law : Supreme Court https://www.livelaw.in/supreme-court/supreme-court-section-100-cpc-second-appeal-interim-order-substantial-question-of-law-281308
whether the High Court could pass any ad interim order for a limited period, before framing the substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC.

Answering negatively, the Court observed:

This Court has categorically held that the High Court acquires jurisdiction to deal with the second appeal on merits only when it frames a substantial question of law as required to be framed under Section 100 CPC; and it cannot grant an interim order, without framing substantial question of law.โ€

High Court cannot use 151 to issue interim orders before framing substantial question of law.


@CurrentLegalGK
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๐Ÿ‘ฎโ€โ™‚๏ธ๐Ÿšจ๐Ÿš” Power to Transfer investigation to another agency

==> Vishal Tiwari v. UoI, 2024 relied on
K.V. Rajendran v. Superintendent of Police CBCID South Zone, Chennai, 2013

Article 32 and 142 Gives the supreme court power to Transfer an investigation


@CurrentLegalGK
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