Settlement deed under undue influence by old aged person.

Lakshmi Amma And Anr. vs Talengalanarayana Bhatta And ... on 10 March, 1970Equivalent citations: AIR 1970 SC 1367, (1970) 3 SCC 159Author: A GroverBench: A G Shah, K HegdeJUDGMENTA.N. Grover, J.1. This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby the appeal preferred by respondent No. … Continue reading Settlement deed under undue influence by old aged person.

Limitation period for breach of contract.

Supreme Court of IndiaBhajan Singh Hardit Singh And Co., ... vs Karson Agency (India) And Ors. on 31 March, 1967Author: TatachariBench: K Hegde, H Khanna, T TatachariJUDGMENTTatachari, J.(1) This letters patent appeal under Clause 10 of the Letters Patent of the High Court of Punjab originally came up for hearing before a Division Bench of … Continue reading Limitation period for breach of contract.

Rape – Consent & False Promise of Marriage

 Comment :  This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, though upheld the version of ravishment against consent. Thus maintaining conviction for Rape and Cheating.  With all due respect Don't really countenance the line of … Continue reading Rape – Consent & False Promise of Marriage

Conviction u/s 306 IPC in absence of a charge to the effect.

Comments : In this case the court held that even though no specific charge u/s 306 is framed - the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed.  Supreme Court of IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.

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 ?

Registration of Gift Deed after donor’s death

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 CourtVenkati Rama Reddi And Ors. vs Pillati Rama Reddi And Ors. on … Continue reading Registration of Gift Deed after donor’s death

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person's civil liability and the other way round.  Supreme Court of IndiaSeth Ramdayal Jat vs Laxmi Prasad on 15 April, 2009Author: S.B. SinhaBench: S.B. Sinha, Mukundakam SharmaIN THE SUPREME COURT OF … Continue reading Is criminal judgment binding on a civil 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 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.

Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court's jurisdiction to try for offences under Sections 292/293 I.P.C ?  Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

Supreme Court on obscenity (Bandit Queen Judgment)

A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it not to obscene as it in no manner appeals to the prurient interests or is lascivious - or corruptive to the minds of people whose … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)