Supreme court on law of attempt to rape

 In every crime, there is first, intention to commit, secondly, preparation to commit it, thirdly, attempt to commit it. If the third stage, that is, attempt is successful, then the … Continue reading Supreme court on law of attempt to rape

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

Eviction of Tenant by unregistered partnership firm !

Comment  : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the … Continue reading Eviction of Tenant by unregistered partnership firm !

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

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 … Continue reading Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Settlement deed under undue influence by old aged person.

Lakshmi Amma And Anr. vs Talengalanarayana Bhatta And … on 10 March, 1970 Equivalent citations: AIR 1970 SC 1367, (1970) 3 SCC 159 Author: A Grover Bench: A G Shah, … Continue reading Settlement deed under undue influence by old aged person.

Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: … Continue reading Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

Intention to defraud/cheat at time of making of contract essential to make out cheating.

Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he entered, for Cheating (420/415/418), 423 etc. … Continue reading Intention to defraud/cheat at time of making of contract essential to make out cheating.

Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the … Continue reading Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

A Case on outraging the modesty of a woman & Rape.

A Case on outraging the modesty of a woman & Rape.    Supreme Court of India Raju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004 Equivalent … Continue reading A Case on outraging the modesty of a woman & Rape.

Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

  Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

Revision by Landlord against ARC’s adverse judgment – is maintainable

Comment : In this case the issues that arose for consideration were “Whether a landlord can file a revision u/s 25B(8) of the Delhi Rent Control Act against a judgment wherein … Continue reading Revision by Landlord against ARC’s adverse judgment – is maintainable