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 Year of the Republic of India as follows:-1-Short title and extent. (1)This Act may be called the Hindu Marriage Act, 1955. (2)It extends to the whole of India except the State of … Continue reading Hindu Marriage Act – What ? How ?

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 ground that since the basis of suit lied in contract entered into with tenant - it is hit by the mischief of S.69 and an … 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 proved to be formal partner - he could still under the doctrine of holding out (which is a species of estoppel) can be held to … 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, 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 … Continue reading Mother is not the Natural Guardian under the Muslim Law !

In this Judgment the SC explains the law of quantum meruit….

Law of Quantum Meriut by SCFacts : The Public Works Department of the respondent-State had issued a tender notice for the construction of a road. The appellant inspected the site, went to the place where stone for the construction was said to be available, and after satisfying himself submitted a tender below the estimates in the … 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, 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.

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) CPC/O.39 R 1 & 2, 151 should be pushed into action only rarely. In this case a court gave an anti suit injunction staying proceedings … 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 IndiaRaju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425Author: A PasayatBench: D Raju, A PasayatJUDGMENTArijit Pasayat, J.1. Appellant calls in question legality of the conviction … 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 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.

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 Court holds that his malice/intention transferred to the wife of intended victim - it is also pertinent to note that S.299/300 talks about whoever causes death … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC