In this article, the author analyzes a recent unanimous judgment by a five-judge constitutional bench upholding amendments to the Prevention of Cruelty to Animals Act, 1960, by states like Tamil Nadu, Karnataka, and Maharashtra. The Court’s reluctance to reassess its prior rulings and its handling of the issue are scrutinized, highlighting its departure from precedent and potential implications for animal rights within constitutional bounds. Continue reading Attempting to Locate Compassion within the Constitution: Visiting the Jallikattu Judgment

In this article, the author examines the absence of a specific sub-section for “family arrangements” under Section 10 of the Transfer of Property Act (TPA) and its resulting implications. This absence has led to significant inconsistencies in how courts apply the section, with some cases not using it at all and others applying it with varying justifications. The author highlights instances where the section was deemed inapplicable due to family arrangements not being considered transfers, and how courts have sometimes incorrectly applied Section 10 principles or over-applied them. This inconsistency causes time losses and complicates legal analysis. The author proposes that “family arrangements” should be added as a sub-section under Section 10, clarifying its applicability and addressing issues related to inconsistency, time consumption, and legal interpretation. This addition would provide clear guidance on the use of Section 10 principles for family arrangements and enhance legal precision. Continue reading Over Application of Section 10: The Case of Family Arrangement in India Part- II

In this article, the author examines the potential over-application of Section 10 of the Transfer of Property Act in India, focusing on family arrangements. The Act’s precision centers on transfers, but complications arise due to the reliance on free property circulation. Section 10’s application hinges on the definition of “transfer” under Section 5, leading to varied interpretations. Family arrangements, informal agreements among family members for property distribution, fall into this scope. While not strictly transfers, courts have applied Section 10 principles to uphold property transfer rights based on justice, equity, and good conscience. The author argues for adding family arrangements as a sub-section under Section 10 for a more consistent framework. Continue reading Over Application of Section 10: The Case of Family Arrangement in India