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 ground that since the basis […]
Tag: 2006
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 […]
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. The basis of his case […]
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 […]
Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat […]
Causing Death of Tresspasser by Rash & Negligent Act
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199 Bench: Ayyangar, N Rajagopala PETITIONER: CHERUBIN GREGORY Vs. RESPONDENT: THE STATE […]
Virsa Singh v. State of Punjab – SC on Murder S.300 IPC
Comment : The Court held that to bring a case under section 300 IPC Part 3 – the prosecution need not prove that the accused knew the injury to be sufficient in the ordinary course of […]
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 […]
Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed […]
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 […]