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Judgments and Orders

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 |   592 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 |   2355 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 |   2041 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 |   1862 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 |   1362 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 |   786 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 |   7011 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 |   921 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 |   1150 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 |   1729 hits

Case analysis of Bandhua Mukti Morcha v. Union of India & Others

 12 June 2020

The term life under Article 21 does not mean mere animal existence but includes all those which are essential for an individual to lead a dignified life. A legislation will remain a dead letter if the State fails to implement it effectively. It is ..

Posted in Others |   4445 hits

Appeal allowed and marriage annulled under Section 12(1)(c) of the Act

 12 June 2020

The Court while reiterating illustration (b) to Section 17 of the Contract Act, which defines fraud, observed that the father of the Appellant had resorted to active concealment of a fact, which was within his knowledge or belief, intending to indire..

Posted in Others |   3026 hits

Appeal dismissed as cruelty and desertion not proved by Appellant

 12 June 2020

The Court while dismissing the appeal, embarked upon the concept of cruelty and held that the evidence led by the Appellant to prove cruelty only shows sensitivity of the Appellant with respect to the conduct of the Respondent which cannot be termed ..

Posted in Others |   2605 hits

Does silence amounts to acceptance or not?

 12 June 2020

The court accepted the appeal and stated that there was no contract between the appellant and respondent related to the sale of horse. The court stated that mere silence does not amounts to acceptance and any such binding condition on the other party..

Posted in Others |   724 hits

Case Analysis of The State of Andhra Pradesh v. T. Suryachandra Rao

 12 June 2020

Court based its judgment on principles and the facts in hand and stated that Tribunal was justified in modifying the earlier order and varying it ;and the Appellate Tribunal was not at fault for holding it and HCs order is set aside...

Posted in Others |   3556 hits

Case Concerning Military and Paramilitary Activities in and against Nicaragua

 12 June 2020

his judgement by the ICJ constitutes an important step in the Court’s interpretation and development of International Law. One of the most important aspects of this case is the manner in which the ICJ identified its jurisdiction over the matter. Fur..

Posted in Others |   905 hits

Gender justice and discrimination on the basis of biological features of women

 11 June 2020

Even before the foundation for fundamental rights were laid down in the Indian Constitution, every individual possessed certain natural rights by virtue of being born in this world. To get married or become pregnant are such inherent rights which ca..

Posted in Others |   1591 hits

The date of remarriage was of great consideration for claiming under Section 24 of Hindu Succession Act,1956

 11 June 2020

The Court observed, Thainu died in 1960 and the Mutation of property was sanctioned in 1961. Appellant failed to prove that respondent married before the death of Thainu. According to Sanctioned Mutation appellant and respondent was given ½ of the pr..

Posted in Others |   581 hits

When a man can inherit the property of his deceased wife even after remarriage, why not women

 11 June 2020

The Court observed, there is no process providing for the forfeiture of the property inherited by a husband from a deceased wife on his contracting a re-marriage. Naturally, in these changed conditions there was a strong movement for remedying the de..

Posted in Others |   550 hits

Burden of proof is on deserted spouse to show essentials of desertion

 11 June 2020

The Court deliberated upon the concept of desertion as a ground for divorce. Two elements are the sine qua non in order to prove desertion. As regards to the deserting spouse, first being factum deserendi that is, the actual fact of separation and se..

Posted in Others |   555 hits