Author: Bharat Chugh

Bharat currently practices as an Independent Counsel.
"The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principlcs. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined. by system, and subordinated to 'the primordial necessity of order in the social life. Wide enough in all conscience is the, field of discretion that remains."JuJu

Wife claiming maintenance after Mutual Consent Divorce.

 In Geeta Satish Gokarna vs Satish Shankarrao Gokarna on 29 March, 2004 in this case the wife agreed, at the time of divorce by mutual consent not to seek maintenance, having receieved an amount as full and […]

Validity of GPA, Agreement to Sell transactions after Suraj Lamp Decision.

Comment : A Landmark Judgment that has outlawed GPA/Will/Agreement to Sell as means of conveyance of properties. The judgement has a prospective effect so as not to disturb earlier transactions. Court took notice of the fact […]

SALE BY POA Holder – POA TO BE PROVED

COMMENT : In this case a woman’s relations with her husband soured – her property was sold by her husband to his sister purporting to act on behalf of and as his wife’s power of attorney. […]

Case note on Ghulam Abbas v. Hav Kayyum Ali 1973 (SC)

THE LAW : Mahomedan Law-Estoppel-Execution of deeds acknowledging receipt of valuable consideration and relinquishing future possible rights of inheritance in the properties of father- On father’s death executants filing suit for partition of properties comprised in […]

Relinquishment of Spec Successionis – how far valid ?

Comment : Shorn of Unnecessary Details : The Supreme Court in this landmark decision – held that a Muslim’s Share in his parent’s property is only a spec successionis during their lives, there is no birth right […]

Sale Deed once executed cannot be cancelled unilaterally..

HEAD NOTE : Sale made absolute by transfer of property from vendor to purchaser. Such transfer cannot annulled by executing deed of cancellation.Cancellation of Sale deed can be ordered only under section 31 of sepcific relief act. Or purchaser can reconvey said property to […]

Res Ipsa Loquitur – The presumption of negligence

Negligence is the omission to do something which a reasonable man guided by those considerations which ordinarily guide the conduct of human affairs would do, or doing something that such man would not do. Succinctly […]