In this decision – the husband married second time after obtaining divorce by ex parte from first wife, after 4 years of ex parte decree. Later he got into a dispute with the second wife, who filed a case for maintenance, as a counter blast to which the husband sued for divorce, now in the […]
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. The Husband or the transferee failed to produce POA. Court gave injunction to the wife restraining disturbance to her possession. […]
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 vendor by paying stamp duty of sale deed. Madras High Court M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal […]
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 put it is the unintentional failure to conform to the conduct of a reasonable Man. The Logical Question that arises […]
This is a brief introduction to the Law of torts and its dynamism. The Philosphy of Law of Tort Tort also known as delict in Roman Law, means wrong/twisted conduct. In Society everyone has a basic freedom of action, however this freedom of action has to be balanced & curtailed so as to protect […]
The Laws of Limitation are statutes of peace and repose, statues that manifest the policy of law in lending its aid only to those who are vigilant and not those who sleep over their rights (Vigilantibus Non Dormentibus Juria Subvenient). Limitation laws suggest that all disputes/claims/remedies should be kept alive only for a legislatively fixed […]
The Above observation came in the case of Lata Singh v. State of UP (2005) where the SC came heavily upon state machinery failing to come to the rescue of couples marrying inter caste or inter religion and thereby attracting the wrath of their parochial communities. We at Laws of India – strongly support the […]
In a landmark decision that has turned the scales of justice in favour of personal liberty and freedom, The Hon’ble Supreme Court has reiterated the philosphy of Bail not Jail as the dominant view that is to be taken by judges while considering Bail Applications. The Court also came down upon tendency of courts to give […]