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31809_2010_9_1501_47783_Judgement_19-Oct-2023.pdf
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Section 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused' : Supreme Court Summarises 12 Principles..

Case Details: INDRAKUNWAR V. THE STATE OF CHHATTISGARH, CRIMINAL APPEAL No.1730 OF 2012

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#SMA #discriminatory #legalupdate #successionact


Plea in Kerela H.C

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Indian Succession Act Applies Where Parties Married Under Personal Law Register Under Special Marriage Act.







C.Shukkur πŸ†š state of Kerala(2023).




✨The petitioner herein had married his wife as per the Muslim custom, which is Islamic Shariat Law, and three daughters were born to the couple.


✨The petitioner says that as per the Islamic Shariat law of inheritance, their daughters would only get a 2/3rd share of the couple's properties, while the remaining would be given to his brother and sister.
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✨This provision of Islamic law is discriminatory and detrimental to the interest of the daughter; the petitioner said.



✨As per Section 21 of the Special Marriage Act, the Indian Succession Act, 1925 would apply once a marriage has been registered under the former.


✨When the matter was taken up by the Single Judge Bench of Justice Devan Ramachandran today, the Court sought the response of the Government in this regard,


✨The matter has been posted for consideration after 2 weeks.
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πŸŽ―πŸ“Object of Important Legislations | Part 1

Specific relief Act, 1963 (13/12/1963)
Enforcement: 01-03-1964

The object of the Specific Relief Act is confined to; that class of remedies which a suit or seeks to obtain and a court of justice seeks to give him the very relief to which he is entitled. The Law of Specific Relief seeks to implement the idea of ---

Bentham, who said: β€œThe law ought to assure me everything which is mine, without forcing me to accept equivalents, although I have no particular objection to them”.


The Law of specific performance essentially belongs to the law of
procedure. It supplements various substantive laws such as the
law of Contracts, the Transfer of Property Act, Sale of Goods Act. That is why the opening section of chapter II of the Act specifically says that the defendant can plead by way of defence any ground which is available to him under the law relating to contracts.

Based on Equity principle from england

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