The Blog of Bharat Chugh

Category: Uncategorized

  • Second Marriage ground for divorce for muslim woman

    Comment : This decision is a preposition for “the second marriage of a muslim husband is cruelty for the wife entitling her to obtain divorce notwithstanding the husband’s promise of equal treatment to both the wives, which the court termed as a practical impossibility”   Kerala High Court K. Muhamma Latheef, S/O K. … vs Nishath,…

  • Limited Period Tenancy – S.B.Noronah v. Prem Kumari – 1980

    Comment : In this landmark decision on S.21 of the Delhi Rent Control Act – which provides for limited period tenancy, if a landlord does not need a premises for a certain period, and wishes to give it out for residential purposes, he can after seeking permission from controller – induct tenant who would have to…

  • Standard of Proof in family cases

    COMMENT : What is the nature, extent and quality of evidence which a prudent person would expect and demand in the facts and circumstances of the case to come to a safe conclusion about ornaments and cash which had changed hands at the time of marriage? This is the crucial question, the answer to which must…

  • Rent Note is a lease

    Comment : A Rent Note issued by a tenant – is also lease within the meaning of S.2(7) of the Registration Act, and can be relied upon (if not compulosarily registrable) to establish Landlord-Tenant Relationship   Allahabad High Court Ram Sewak Jaiswal vs Abdul Majeed And Ors. on 21 March, 1980 Equivalent citations: AIR 1980 All…

  • Conditions for admissibility of Secondary Evidence (xerox)..

    Comment – This case is a preposition on ‘That secondary evidence can be lead only  i) proof that original existed; ii) Section 65 conditions are met; iii) If the primary document in somebody’s custody – Notice u/s 66 was served on the person.    Rajasthan High Court Rajasthan Golden Transport … vs Lrs. Of Amritlal on…

  • Is Hindu Marriage a Sacrament or a Contract or a semblance of both ?

    The Real Nature of Hindu Marriage, the following paragraph by Jurist Paras Diwan has become the locus classicus on examining the real nature of Hindu Marriage ?    The HMA has reformed the Hindu Law of Marriage, But on question which people often raise, has the HIndu marriage now become a Contract or remains a…

  • SC on forfeiture of earnest money – Fateh Chand v. Balkishen Dass

    Comment : This case is a preposition on “that notwithstanding provision for forfeiture of earnest amount – the party can only forfeit so much of an amount as is reasonable within the meaning of S.74 of the Indian Contract Act, 1972 – meaning thereby parties don’t have the last word – and should lull themselves…

  • Contract via fax/telex/phone

    COMMENT : If the acceptance is communicated by way of phone/telex/fax (inter presentees communication) the contract crystallises at the place where the fax is recieved. The normal rule of postal communnication as laid down in S.4 is not applicable. Reliance was placed on the landmark decision of Bhagwandass v. Girdhari Lal (1966) SC which in…

  • Supreme Court on Legal Insanity.

    Comment  : In this landmark decision the Supreme Court laid down the fundamentals of burden of proof, the standard of proof – the primary and secondary burden of proof on the prosecution and the defence, what kind of evidence is required to prove legal insanity ?    Dahyabhai Chhaganbhai Thakker vs State Of Gujarat on…

  • Delhi High Court on attempted evasion of excise/cheating/forgery

    Comment  : Factual Matrix : A wine shop owner was indicted for having obtained liquor sanctioned for sale only in Haryana, and forged by pasting stickers ‘for Delhi’ and in the process evading Delhi Revenue of excise due. Charges were framed – 482 Made to challenge framing of charges – the court held that this…