Author: Bharat Chugh
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Cardozo on Judicial Discretion..
“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…
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Justice Krishna Iyer on Law of Bails – Gudikanti Narasimhulu (1977)
Comment : Bail and not Jail as the guiding principle is back with SS Mhetre v. State of Maharashtra (2011) SC. Let’s see what…
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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…
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Right of Maintenance of a wife of void marriage – Suresh Khullar v. Vijay Khullar – 2007 Delhi High CourtHig
In this decision – the husband married second time after obtaining divorce by ex parte from first wife, after 4 years of ex parte…
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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…
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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…
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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…
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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…
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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…
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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…
