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Judgments and Orders

Suit was valid, plaintiff entitled to costs

 13 June 2020

The court considered the current contract to be a perfectly valid contract and with good consideration. It was held that plaintiff and other persons interested could sue for the amount subscribed and defendant has to pay the money promised. Hence, th..

Posted in Others |   685 hits

Validity of removal of office of a Councillor after the election results were announced

 13 June 2020

Being affected by a disease is no sin or crime. However, adding on to the misery if that disease is communicable the patient will have to distant himself from the fellow beings. This not just affects his mental health but also leaves a traumatic impa..

Posted in Others |   607 hits

Case Analysis of Dulla Singh vs. Bachan Singh

 13 June 2020

The Court while dismissing the appeal and upholding the findings of the lower courts, ruled that Bhagwan Kaur cannot be held accountable for preferring her brother over the collaterals of her husband. The contentions of the appellants were observed t..

Posted in Others |   627 hits

Whether the husband could challenge the order of the court directing to maintain the wife under DV Act

 13 June 2020

The court keeping in mind the duty to the husband to maintain the wife has directed the husband to pay the wife under the DV Act as he has a responsibility to allow his wife to live life with dignity according to their social status and strata but ha..

Posted in Family Law |   593 hits

Whether the court had the jurisdiction and whether the allegation against all the appellants is valid

 13 June 2020

The court held that that in view of Section 27(1) of the DV Act, the Metropolitan Magistrate court, Bengaluru has the jurisdiction to entertain the complaint and take cognizance of the offence and since allegation against the other appellants except ..

Posted in Constitutional Law |   711 hits

Whether maintenance to be awarded could be from the date of the order

 13 June 2020

The court held that the object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. For the court to award maintenance from ..

Posted in Others |   546 hits

Right of a women to inherit the property of her deceased husband cease on remarriage of the women

 13 June 2020

The court observed, at the time, Respondent having re-married in 1962 prior to the death of Atmaram, it cannot be said that respondent-Rahubai has inherited share of deceased defendant no.1-Atmaram after his death. At that time provisions of Section ..

Posted in Others |   778 hits

The judgment of a Criminal Court is not binding on a Civil Court in a subsequent proceeding for succession

 13 June 2020

The Civil Court has the power and jurisdiction to decide the question upon taking appropriate evidence as would be required for passing a declaration in terms of Section 25 of the Hindu Succession Act, 1956 to disqualify the husband defendant to inhe..

Posted in Criminal Law |   1046 hits

Scope of moral rights of an author u/s - 57

 13 June 2020

The present case is a landmark Indian case decided by Delhi High Court, which for the first time dealt with the moral rights of an author under the Copyright Act and awarded damages. The judgment gives a new aspect to the right of integrity. It is cl..

Posted in Others |   1122 hits

Copyright in respect of Concept Note

 13 June 2020

In India, the Court for the very first time held that concept note can be a subject matter of copyright protection under the Copyright Act and that it must be ensured that the persons who create an original idea/concept or theme are rewarded for thei..

Posted in Others |   2967 hits

Allahabad High Court: Detention of a person beyond quarantine period violates article 21 of the Constitution of India

 12 June 2020

The present case was filed before the Allahabad HC by Shaad Anwar seeking release of the members of Tablighi Jamaat who were quarantined and have completed the quarantine period. ..

Posted in Others |   566 hits

What constitutes 'wrong' under Section 23 is a matter of facts and circumstances of the case

 12 June 2020

While upholding the view of the High Court dismissing the petition for dissolution of the marriagein the present case, the Court held that the Appellant clearly failed to do behave as a dutiful husband as he not only continued to live with his mistre..

Posted in Constitutional Law |   2262 hits

Unreasonable to deny relief of divorce to the spouse who did not comply with the decree of restitution passed in his or her favour

 12 June 2020

The Court while dismissing the appeal and upholding the order of the High Court, held that it would be unreasonable to disentitle the Respondent to the relief she asked for, only on the ground that she did not respond to the Appellant’s invitation to..

Posted in Others |   1959 hits

Was it misrepresentation or mistake of fact?

 12 June 2020

The court held that the appellants are not entitled to any relief in the realm of the law of contracts. In spite of having acquired knowledge of the true facts assuming that there was any mistake or misrepresentation to begin with and having learnt t..

Posted in Others |   1784 hits

Whether a domestic violence complaint cannot be maintainable in court, if the parties are not living together in a shared house

 12 June 2020

The Supreme Court reiterated the High Court’s statement and dismissed the petition as the ingredients of domestic violence was absent in the case as the petitioners and respondents are not persons living in a shared household...

Posted in Others |   1319 hits

Whether Qualification And The Capacity To Earn can be a Ground To Deny Interim Maintenance To Wife

 12 June 2020

The Hon’ble court held that the Qualification and the Capacity to Earn cannot be a Ground to deny Interim Maintenance to the wife who is dependant and does not have any source of income...

Posted in Others |   750 hits

Rights are protected in works, not in ideas, themes or plots

 12 June 2020

From the present case, it is clear that copyright subsists in work, not in ideas, themes or plots. The idea is not a subject matter of copyright, and the copyright is not infringed if someone takes the idea and develops his own work...

Posted in Others |   6775 hits

Can Husbands Claim Alimony?

 12 June 2020

While determining the facts of the case, the Court made the following key observations pertaining to maintenance claim by husband,..

Posted in Others |   858 hits

Rights of widow in deceased husband’s property to cease on her re-marriage

 12 June 2020

The Court observed, Remarriage of a widow stands legalized by reason of the incorporation of the Act of 1956 but on her remarriage she forfeits the right to obtain any benefit from out of her deceased husband’s estate. The estate in that event would ..

Posted in Others |   1105 hits

A mother cannot be divested of her interest in the deceased sons property either on the ground of unchastity or remarriage

 12 June 2020

The observed, the Hindu Law did not provide that even the mother would be disinherited if the remarried.Kasturi claimed inheritance not as a widow of her husband Madhua but as the mother of Karua. Thus, "unchastity of a mother is no bar to her succee..

Posted in Others |   1661 hits