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 […]
Tag: free legal aid
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 […]
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, went to the place where […]
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, K Hegde JUDGMENT A.N. Grover, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]