In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :- i) There is an equally efficacious relief in getting sale set aside; ii) Karta’s powers are statutory and he is the person who has to judge…
In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required – however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of India Everest Coal Company…
Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant – it is hit by the mischief of S.69 and an…
In this case the court held a person as partner, and hence liable for repayment of firm’s debt the court went on to say that even though he was not proved to be formal partner – he could still under the doctrine of holding out (which is a species of estoppel) can be held to…
Comment : In this case – where as the SC comments – a man’s unbriddled carnal passions led to the death of a young girl – the trial court acquitted the man on the grounds of contradiction in testimony of the father/neighbour/discrepancy with respect to colour of deceased clothes/no medical evidence of injury on private…
This SC Decision reiterates that in Muslim Law mother is not the natural or the legal guardian of the child, and is merely entitled to preferential custody upto certain ages, in absence of father, his executor and in executor’s absence father’s father and his executor are natural guardians. Brothers/Mother/Sister cannot be natural guardians unless so…
Law of Quantum Meriut by SC Facts : The Public Works Department of the respondent-State had issued a tender notice for the construction of a road. The appellant inspected the site, went to the place where stone for the construction was said to be available, and after satisfying himself submitted a tender below the estimates in…
Lakshmi Amma And Anr. vs Talengalanarayana Bhatta And … on 10 March, 1970 Equivalent citations: AIR 1970 SC 1367, (1970) 3 SCC 159 Author: A Grover Bench: A G Shah, K Hegde JUDGMENT A.N. Grover, J. 1. This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby…
Bharat Chugh 