Author: Bharat Chugh

  • 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 grounds :- i) Failure to prove that articles were actually given – the evidence of plaintiff herself – was interested,…

  • 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 not to frustrate it over hair-splitting technicalities . The factual matrix was A entered into an agreement to Sell Black…

  • 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 in the event of company not admitting the claim ?  The Court held no – if the company admitted the claim the situation would have been otherwise – however since they…

  • 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 same was encumbered towards House Tax, which the vendee had to bear (see he could have claimed that amount u/s 69 Indian Contract Act – but he did not !!)  he…

  • 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 salary can be attached and provisions of CPC need not detract here for CrPC Purposes Narender Kumar Chawla vs State…

  • 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 time when agreement was to be performed. The Court refused to act at the ipse dixit of the Plaintiff when…

  • 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 the mother-in-law i.e propounder of the will as well as the beneficiary applied for probate the wife objected on the…

  • 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 – i.e the ability to distinguish between right and wrong.    Supreme Court of India Siddhapal Kamala Yadav vs State Of…

  • 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- Hindu Marriage Act, 1955, s. 17-Marriage ‘solemnised’- Meaning of-Hindu ? Hindu Law-‘Gandharva’ marriage-Whether usual essential cere- monies necessary-Modification by custom…

  • 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 of marriage,- (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband…