Supreme Court on Fake Encounter Killing

Supreme Court of India Brijlala Pd. Sinha vs State Of Bihar on 13 July, 1998 Author: Pattanaik Bench: M Mukherjee, G Pattanaik PETITIONER: BRIJLALA PD. SINHA Vs. RESPONDENT: STATE OF BIHAR DATE OF JUDGMENT: 13/07/1998 BENCH: M.K. MUKHERJEE, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT: WITH CRL. APPEAL Nos. 218/98, 279/98 & 280-282/98 JUDGMENT PATTANAIK,J. These five […]

Mother is not the Natural Guardian under the Muslim Law !

This SC Decision reiterates that in Muslim Law mother is not the natural or the legal guardian of the child, and is merely entitled to preferential custody upto certain ages, in absence of father, his executor and in executor’s absence father’s father and his executor are natural guardians. Brothers/Mother/Sister cannot be natural guardians unless so […]

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. […]

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 […]

Arbitrary Allotment of Petrol Pumps …SC

Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors […]

Amendment of Plaint to prevent partial partition – application by defendant ?

The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants? Court held yes – since holistically in partition suit there are no judgment debtors and strict […]