Demystifying Indian Law & Legal System
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.
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 !
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
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….
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.
SCOPE AND AMBIT OF ANTICIPATORY BAIL – summed up and reiterated by the the Hon’ble SC in SS.Mhetre v. State of Maharashtra (2010 SC) 118. A good deal of misunderstanding … Continue reading Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011
In This case – the court held two very fundamental principles which are of seminal importance in partition cases – i) if joint family’s existence is shown – some property/nucleas … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS … Continue reading Specific Performance of an Agreement executed by Vendor alone
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 … Continue reading Causing Death of Tresspasser by Rash & Negligent Act
Comment : In this case the court was faced with the question whether an unregistered lease (which was compulsorily registrable) can be looked at – to know whether the same was … Continue reading Evidentiary Value of Unregistered Document
Comment : In this case the question that arose for consideration was “Whether a cheque subsequently dishonored is payment within the meaning of S.19/20 Limitation Act, for the purpose of renewing … Continue reading Dishonoured cheque as Acknowledgment for the purpose of limitation
