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.

Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

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 with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in case the Constitution Bench decision of this court in Sibbia's … Continue reading Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

Presumption as to Joint Family Property – continuing Joint and not seperate

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 is shown ii) It is presumed that joint family goes on/continues iii) Some properties brought by Karta in his name iv) Onus on Karta if … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

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 and undue influence and was not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Specific Performance of an Agreement executed by Vendor alone

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 CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone

Causing Death of Tresspasser by Rash & Negligent Act

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 GREGORY Vs. RESPONDENT: THE STATE OF BIHAR DATE OF JUDGMENT: 31/07/1963 BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA SINHA, BHUVNESHWAR P.(CJ) SHAH, J.C. CITATION: … Continue reading Causing Death of Tresspasser by Rash & Negligent Act

Evidentiary Value of Unregistered Document

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 given only for residence of a particular individual ? The answer depended on whether something as important a clause - can be said to be collateral … Continue reading Evidentiary Value of Unregistered Document