Mamta Jaiswal v…

Mamta Jaiswal v. Rajesh Jaiswal - Wife who leaves job not entitled to maintenance Madhya Pradesh High CourtSmt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000Equivalent citations: II (2000) DMC 170Author: J ChitreBench: J ChitreORDER   J.G. Chitre, J.   1. The petitioner Mamta Jaiswal has acquired qualification as MSc. M.C.   M.Ed, and was working in Gulamnabi … Continue reading Mamta Jaiswal v…

Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required - however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of IndiaEverest Coal Company (P) Ltd … Continue reading Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt. Delhi High CourtAvneesh Sood vs Tithi Sood on 30 April, 2012* IN THE HIGH COURT OF DELHI AT NEW DELHIJudgment reserved on: 09.02.2012% Judgment delivered on: 30.04.2012 + CONT.CAS (C) 559/2011 & C.M.1932/2012AVNEESH SOOD ..... Petitioner Through: Mr. Harish … Continue reading Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.

Supreme Court on whether partition deeds are compulsory 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. However … Continue reading Supreme Court on whether partition deeds are compulsory registrable ?

Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: Appeal (civil) 2801 of 2006 PETITIONER: State Bank of India & Anr. RESPONDENT: Mula Sahakari Sakhar Karkhana Ltd. DATE OF JUDGMENT: 06/07/2006 BENCH: S.B. Sinha … Continue reading Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Can a Husband of a minor girl claim custody ?

Comment : In this case - the court was faced with the perplexing question as to whether a person who is accused of kidnapping a minor girl and marrying her rendering himself liable under various sections of IPC/Prohibition of Child Marriage Act, 2006 - whose marriage is indubitably voidable - can be held to be 'husband' … Continue reading Can a Husband of a minor girl claim custody ?

Supreme Court on Customary Divorce….

Comment : In this case the court was faced with facts wherein the deceased husband's relatives sought to oust the widow from claiming partition - by relying on the specious plea that the widow stood divorced via customary divorce letter, the court held that though S.29(2) HMA expressly saves customary mode of divorce from the effect … Continue reading Supreme Court on Customary Divorce….