Author: Bharat Chugh

Bharat currently practices as an Independent Counsel.

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 court should embark upon an enquiry into the soundness of 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 negatived her suit for recovery of her articles, on the following […]

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 reiterating that laws of procedure are meant to subserve justice and […]

Delhi High Court on Proclamation of Abscondence.

Comment : In this case the court was dealing with a revision against attachment of salary/gratuity of a person declared P.O. The Court clarified that Gratuity can’t be attached owing to bar on that account, though […]

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 to prove his readiness (financial capacity) and willingness (desire) at the […]

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 and disinherting his wife (with whom he had strained relations) when […]

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 point we as lawyers are concerned with is legal insanity – […]

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 offence to be committed- Therefore whether essential ceremonies must be performed- […]