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 […]
The Philosophy of Law of Torts
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 Bird’s eye view of the Law of Limitation
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 […]
Inter Caste/Inter Religious Marriages good for the cause of fraternity of the country…
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 […]
Liability of State in Tort (as a Bailee) & Responsibility of Police w.r.t articles seized.
(State of Gujarat vs. Haji Memon (1967 SC) It was held in this landmark judgment, that is bound to be of great use to the public, that if any property (moveable) is seized by the […]
SC Upholds Bail and not jail
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 […]