Every published post, from the latest to the oldest. Browse the complete collection below, or search for a subject, book or idea.
-
Supreme Court on caretaker/servant’s possession.
Comment : Factual Matrix in this case stands thus, A sister who was away with her husband who was on official duty, gave her house…
-
Guardian Ad litem for Insane Defendant
COMMENT : tersely put this judgment envisages that whenever in a suit it is asserted that the defendant is of unsound mind – the…
-
The Kerala High Court on Standard of ‘Proof’
Comment : In this extra-ordinary judgment – the court was faced with an appeal by a wife against the lower court judgment where the court…
-
Specific Performance against co-ownersS
Comment : In this case the court was faced with the question “whether application for leave to amend be allowed or not “? The Court…
-
Stay of Suit sine die against sick co. as per BIFR
Comment : The Court was faced with the question whether a suit against a sick company (under BIFR) is liable to be stayed/adjourned sine die…
-
Delhi High on Cancellation of Agreement to Sell
Comment : In this case the Court was faced with an issue where a vendor after selling the property – did not disclose that the…
-
Delhi High Court on the law of Specific Performance
Comment : The Court in this case was dealing with a case for specific performance. The Court dismissed the plea holding : i) Vendee failed…
-
Delhi HIgh Court on the law of will
Comment : in this decision on the law of wills – the deceased testator left a will – bequeathing all his property to his mother…
-
Law of Insanity in India – S.K.Yadav v. State of Maharashtra – 2008
COMMENT : this judgment reiterates the test of legal responsibility in India, the cause and effect relationship between medical and legal insanity – the actual…
-
for Bigamy – both marriages should be complete ceremoniously !
Bhauram Shankar Lokhande v. State of Maharashtra – 1965 SC The Question that arose for consideration was Whether second marriage required to be ‘valid’ for…
-
Relevant Extracts from the Indian Divorce Act, 1869 (As amended in 2001) applicable to Christians
Comment : these are the basic grounds of divorce for christians in india THE INDIAN DIVORCE ACT, 1869 III-DISSOLUTION OF MARRIAGE 10. Grounds for dissolution…
-
Tulsa V. Durghatiya – 2008 SC
Comment : Tulsa v. Durghatiya – This judgment is the perfect manifestation of policy of law in favouring legitimacy and against concubinage. The Judgement in a…
-
Court not under obligation to issue notice to defendant on counsel pleading no instructions
Comment : In a judgment that reflects the court’s concern for a speedy trial and not to show its indulgence to contumacious litigants –…
-
A Joint complaint is main…
A Joint complaint is maintainable in the CrPC, S.13 of the General Clauses Act, says that, unless where the context requires otherwise, words that…
-
FIR Quashing on basis of settlement with Bank in a cheating case
Comment : In this case – the accused succeeded in securing credit facilities from a bank by producing forged lease agreements – as collateral security,…
-
Rights of person receiving property under unregistered Sale Deed
Comment : this decision coming from A.P.High Court – is a preposition for the following dicta :- i) An unregistered Sale Deed confers no…
-
Nupur Talwar v. CBI (2012 SC) – refusing to interfere with the Magistrate order taking cognizance.
Comment : In this case the magistrate’s order refusing to accept the final report of the CBI, and issuing process to the parents of…
-
The basics of criminal trial in India – from charge to conviction (or acquittal)!
This article is a part of series “law for the layman” that I am writing, wherein we have tried to make law as understandable…
-
FAILURE OF STERLISATION – MEDICAL NEGLIGENCE !
State v. Santra (2000 SC) Medical Negligence plays its game in strange ways. Sometimes it plays with life; sometimes it gifts an “Unwanted Child”…
