STATE OF U.P V.

DEOMAN UPADHAYAYA

SUBMITTED BY AJIT KUMAR SHARMA

(ROLL NO. 1303), B.A.L.L.B. (HONS.)
SUBMITTED TO Dr. P.V.K.S RAMA RAO, ASSISTANT PROFESSOR OF LAW

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE

EVIDENCE LAW FOR THE COMPLETION OF B.A.L.L.B. (HONS.) COURSE

SESSION 2015-2020
MARCH, 2017

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR
PATNA
INTRODUCTION
Section 58 in The Transfer of Property Act, 1882 Mortgage, mortgagor, mortgagee,
mortgage-money and mortgage-deed defined.A mortgage is the transfer of an interest in
specific immoveable property for the purpose of securing the payment of money advanced or to
be advanced by way of loan, an existing or future debt, or the performance of an engagement
which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a
mortgagee; the principal money and interest of which payment is secured for the time being are
called the mortgage-money, and the instrument (if any) by which the transfer is effected is called
a mortgage-deed.

OBJECTIVE OF THE STUDY

The researcher aim is to find out:-
I. S

HYPOTHESIS
The researcher comes with hypothesis that section 27 of Indian evidence act violates the right
which is given under article 14 of Indian constitution.

RESEARCH METHODOLOGY
The researcher will go for doctrinal method of research. The researcher will depend on existing
materials like Bare act, Evidence law books, case laws, journals.

SOURCES OF DATA
There are two sources of data mainly, primary and secondary.
Primary Source- Bare act
Secondary Source- Evidence law book, Websites, Article

LIMITATIONS OF THE STUDY

The researcher will face time limitation to complete this study. The researcher will also face
monetary limitation.

TENTATIVE CHAPTERIZATION
1. INTRODUCTION
2. Confession under section 24
3. Confession under section 25
4. Confession under section 26
5. Confession under section 27
6. CASE LAWS
7. CONCLUSION AND SUGGESSTIONS

BIBLIOGRAPHY
BOOKS
(i) Advocate Lal Batuk The Law of Evidence Act (Central Law Agency, Allahabad 2016,
17th Edition)
(ii) Dr. Saxena Poonam Pradhan Property Law (Lexis Nexis 2011, 2nd edition )
WEBSITES
(i) https://indiankanoon.org/doc/481284/
(ii) http://www.shareyouressays.com/119196/whether-section-27-under-indian-evidence-
act-is-constitutional

BARE ACT
Universals Transfer of Propety Act, 1882 (2016)