Hindu Marriage Act – What ? How ?
The Hindu Marriage Act, 1955 An Act to amend and codify the law relating to marriage among Hindus. BE it enacted by Parliament in the Sixth … Continue reading Hindu Marriage Act – What ? How ?
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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 !
Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.
In this case the court held a person as partner, and hence liable for repayment of firm’s debt the court went on to say that even though he was not … Continue reading Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.
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, … Continue reading Mother is not the Natural Guardian under the Muslim Law !
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
In this Judgment the SC explains the law of quantum meruit….
Law of Quantum Meriut by SC Facts : The Public Works Department of the respondent-State had issued a tender notice for the construction of a road. The appellant inspected the site, … Continue reading In this Judgment the SC explains the law of quantum meruit….
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.
Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the power is expressly given in S.94(a) … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
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.
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 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.
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
Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC
Comment : In this landmark 5 judge bench decision on the interplay of offence of forgery in judicial proceedings/the bar of S.195 on independant prosecution & S.340 CrPC – the … Continue reading Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC
