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.

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 … 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 … 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 … 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 … 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 … 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 … Continue reading Evidentiary Value of Unregistered Document