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Judgments and Orders

SC laid down guidelines for compensation and rehabilitation of rape victims

 30 September 2020

The Hon’ble Supreme Court held that rape transgressed the fundamental right to live with dignity under Article 21 of the Constitution. The court mandated the National Commission of Women to prepare a scheme for the rehabilitation of the rape victims ..

Posted in Criminal Law |  1 comments |   10857 hits

Culpable homicide is murder if the act by which the death is caused is done with the intentions of causing bodily injury to any Person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death

 30 September 2020

The Court carefully examined all the evidences and heard the testimonies of all the witnesses and then came to he conclusion. The Court held that, the act of appellant in poring acid on the body was preplanned and he intended to cause the injury whic..

Posted in Others |   805 hits

If two separate charges of Wrongful Confinement can be imposed at the same time

 30 September 2020

The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed...

Posted in Others |   763 hits

The appeal was for custody of the child

 28 September 2020

Since the factors in favour of Respondent are weightier than those in favour of the Appellant which have been noted above. The custody was given to the Respondent/ Mother. Since the mother was a school teacher, the Court ordered to get the child admi..

Posted in Family Law |   1507 hits

The appeal was partially admitted

 28 September 2020

The Court agreed with the findings given by the First Appellate Court. The First Appellate Court came tothe conclusion that the case property was sold...

Posted in Family Law |   1384 hits

The appeals were dismissed subject to the partial modifications

 28 September 2020

The appeals were dismissed subject to the partial modification of the order passed by the District Judge and High Court...

Posted in Family Law |   1832 hits

Can the sale of a suit property inherited by the minor carried out by the de facto guardian

 28 September 2020

The Court held that “the minor on attaining majority did not ratify the sale deed executed by his defacto guardian with the defendant and entered into a sale deed with the appellant...

Posted in Family Law |   1298 hits

Does the court have a right to appoint a person for guardianship of the minor

 28 September 2020

The Court upheld the decision of the District Judge and revision was dismissed stating “That case is distinguishable inasmuch as the parties were Mohammadans and Section 13 of the Hindu Minority and Guardianship Act, 1956 did not apply there.By virtu..

Posted in Family Law |   1515 hits

: Is documentary evidence required to prove a mother as the sole guardian of a minor child

 28 September 2020

The High Court allowed the appeal stating “Further, as regards the contention of learned counsel for respondent No. 2, that mother of petitioner had failed to provide any documentary proof to the effect that she is the only guardian of the child, the..

Posted in Family Law |   1465 hits

The appeal is allowed, and the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24,1964 was restored

 26 September 2020

The appeal is allowed, the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24, 1964, is restored. The plaintiffs to pay the costs of defendant No. 1 throughout and bear their own. The rest of the re..

Posted in Constitutional Law |   1355 hits

Can a guardian be appointed by the donor of property

 26 September 2020

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Posted in Constitutional Law |   1053 hits

Guardianship of the child if the mother marries another person of a different religion

 26 September 2020

The court held that the marriage of a mother with a person of a different religion is not a ground to take away the custody of the child. Mother's affection and care cannot be substituted...

Posted in Constitutional Law |   1399 hits

Whether the award declaring the respective shares of the defendants was placed before the second appellate court

 26 September 2020

The review court held that the Mahaddanama was genuine, valid and for consideration, but it remanded the case to the lower appellate Court for deciding the issues regarding the partition of the suit. The lower appellate Court held that there was a pa..

Posted in Constitutional Law |   1035 hits

Custody of minor sons and management of property in case of an Unregistered will

 26 September 2020

The Court in the peculiar facts and circumstances saw the paramount welfare of both the minor children as they are born out of the wedlock of late Jitendra Pal Singh with two different ladies and the grandmother being the only common factor whose gen..

Posted in Constitutional Law |   971 hits

Whether the custody awarded of a child to the mother was rightful

 26 September 2020

The Honorable court after considering all the material facts and the law governing the rights of the parents for custody of minor children upheld the decision rendered by the trial Court as just and proper. The appeal was dismissed...

Posted in Constitutional Law |   922 hits

A mother is not competent to act as the natural guardian of a Hindu Minor if the father of the Hindu Minor is alive

 26 September 2020

The Judge concurred with the view taken of the below courts and affirmed that the judgment and decree passed in the case and dismissed the appeal. A there was no appearance for the respondents, there was no order for costs...

Posted in Constitutional Law |   1057 hits

Can the alleged wife's will regarding the properties inherited by the alleged deceased husband valid

 21 September 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC. The Supreme Court held “the suspicious circumstance appears to be that when the Will was being executed, the thumb impression over the alleged Will was also taken by the benefici..

Posted in Constitutional Law |   1395 hits

Does the alleged husband have a right on alleged deceased wife’s self-acquired property

 21 September 2020

The Supreme Court held that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage, but the presumption which may be drawn from long cohabitation is a rebuttable one and if there are circumstances which..

Posted in Family Law |   1491 hits

Deals with legitimacy of children arising out of void and voidable marriages

 21 September 2020

Relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. ..

Posted in Others |   1851 hits

General principles of an appointment and authority of agents are not different for a power of attorney holder than given in Contract Act 1872 who employ an agent

 21 September 2020

Ajit Panwar is required to furnish security for payment of costs as he wrongly acted as the Power of Attorney of the old lady who couldn't give consent. ..

Posted in Constitutional Law |   1251 hits