Indian Law and Jurisprudence

Section 17 of the Limitation Act only talks about suit and application. An application may be for execution of decree. It does not talk about an appeal.

Under section 59 of the Indian Succession Act, 1925, A executes an instrument purporting to be his will but he does not understand the nature of the instrument nor the effect of its provisions. This instrument is not a valid. It is an invalid will.

Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder. It is a rebuttable presumption of law because the words are used "shall presume". 

In the case of Vallikannu Vs R. Sengaperumal, A. I. R. 2005, the Court by going negatively with women’s right to property, disqualified the daughter-in-law's right to father-in-law's property on the ground that the son had murdered his own father.

Section 14 of the Hindu succession act provides for property of a female Hindu to be her absolute property. Property here means any property whether movable or immovable. 

Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. So, obligation under specific relief act is right in personam.

Section 11 of the Specific Relief Act, 1930 provides for cases in which specific performance of contracts connected with trusts is enforceable.

Section 34 of specific relief act states discretion of court as to declaration of status or right. So, declaration always lies in the discretion of the court. Thats why it can be declined.

Section 8 of the specific relief act states that any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession. 

 In a suit under section 6 of the Specific Relief Act, the Court canot adjudicate on title. It adjudicates on the possession. The court does not direct defendant to remove the structure or to plaintiff to pull down the structure.

'Heir' has been defined under section 3(f) of the Hindu Succession Act, 1956, as any person, male or female, who is entitled to succeed to the property of an intestate under this act.

Under Section 114 of the Evidence Act, the Court may presume the existence of any fact which it thinks likely to have happened regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Section 129 of the Evidence Act provides that no one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional advisor unless he offers himself as a witness, in which case, he may be compelled to disclose any such communication as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no other.

Section 5 of the Limitation Act applies to any appeal or application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. An appeal here may be civil or criminal.

Presumption as to dowry death of a woman is provided under section 113 B of the Indian Evidence Act, 1872. It provides that when the question is whether a person has committed dowry death of a woman and it is shown that soon before her death, such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person has caused dowry death.