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. […]Read More Hindu Marriage Act – What ? How ?
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 […]Read More Eviction of Tenant by unregistered partnership firm !
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 […]Read More Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.
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 […]Read More Mother is not the Natural Guardian under the Muslim Law !
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 there is an agreement to the contrary such rights may be restricted, and since by such agreement right/title/interest is created/declared and extinguished it is required […]Read More Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty
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, 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 […]Read More In this Judgment the SC explains the law of quantum meruit….
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, K Hegde JUDGMENT A.N. Grover, J. 1. This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby […]Read More Settlement deed under undue influence by old aged person.
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 […]Read More 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. Supreme Court of India Raju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004 Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425 Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. […]Read More A Case on outraging the modesty of a woman & Rape.
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 India K. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002 […]Read More Conviction u/s 306 IPC in absence of a charge to the effect.