Comment : In this case the SC highlighted again that merely by adoption the adoptive parents are not deprived of right to deal with their properties as such, however if there is an agreement to the contrary such rights may be restricted, and since by such agreement right/title/interest is created/declared and extinguished it is required […]Read More Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty
Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice – if otherwise landlord – tenant relationship is accepted, the service of […]Read More Service of Notice in Suit for Eviction – held 106 TPA automatically complied.
Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the power is expressly given in S.94(a) CPC/O.39 R 1 & 2, 151 should be pushed into action only rarely. In this case a court gave an anti suit injunction staying proceedings […]Read More Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
Comment : In a nutshell this decision holds that a private arbitration award is compulsorily registrable and ineffective without the same – but one obtained with intervention of court (reference) does not need to be. Bombay High Court Chandrakant Maganlal Patel And … vs Ishwarlal Ghelabhai Choksey And … on 9 October, 1980 Equivalent […]Read More Whether Arbitration Awards are required to be compulsorily registrable ?
Comment : This case holds that partition – is a declaration of will as regards property – which effects a change in legal relation with property – hence is compulosrily registrable within the meaning of S.17 IRA. In absence of which it does not have any effect and cannot be recieved in evidence of the same. […]Read More Supreme Court on whether partition deeds are compulsory registrable ?
Comment : A very important on the preposition that “A gift can be registered by the donee after the death of the donor, without the need of any consent of the heirs of donor, provided offcourse he proves the execution of the same” Madras High Court Venkati Rama Reddi And Ors. vs Pillati Rama Reddi […]Read More Registration of Gift Deed after donor’s death