The Court held that marriage solemnised after converting to Islam from any other faith during the existence of previous marriage is deemed void even when the personal laws of Islam allow polygamy. The Hindu law prohibits bigamy under Section 5 read w..
Court stated that 'Contract' is a bilateral transaction between two or more than two parties. Every contract has to pass through several stages beginning with the stage of negotiation during which the parties discuss and negotiate proposals and count..
The court held that the act of directors was only in good faith and they issued the prospectus, as they were fully aware that they will get the approval of the Board of Trade for rams. Hence, the claim of shareholders was rejected...
The court found no illegality or perversity in the concurrent findings so recorded by both the courts below. As such, no question of law requiring determination arises in this regular second appeal filed by the appellant-plaintiff, which has no merit..
The High Court, after perusing the record, held that the appellate court erred in placing the burden of proof on the petitioner and erred in holding that she has not placed the details of the contract with regard to the business of the husband. The l..
The court held that according to section 2(q) of the Protection of Women from Domestic Violence Act, 2005, indicates that both, an aggrieved wife or a female living in a relationship in the nature of marriage may also file a complaint against a relat..
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The present case was the first dispute in respect of the author’s moral rights that came before the court 30 years after the enactment of the Copyright Act, 1957. It is clear that Section 57 overrides the terms of the contract of assignment of copyri..
The Court entertaining an application for appointment of a foreigner as guardian of a child should not require the representative, of the recognized placement agency processing the application as a co-petitioner nor should the court insist on appoint..
The date and timings of birth of each child is mentioned in the 5th column, meant to mention the said fact But in respect of the entry relating to the respondent the time of birth of the child is not mentioned. Thus, the respondent in our considered..
If children of Mahavirdas and Shardabai were alive, the compensation of Rs.50,000/ per deceased person would have gone to the children. Since none of them are alive, the scheme indicates that the said amount shall go to the surviving mother or father..
The only manner in which the compensation, would serve the ends of justice, would be by directing that the compensation be awarded not according to personal laws, but equitably to the next of kin. The only two claimants are the petitioner and the res..
The judgment revolves around a substantive question of law, as to whether the term right to life under Article 21 of the Indian Constitution includes right to die which is more of a negative aspect. Further, it also raises a question of whether the ..
Even if words of legislation remains the same judicial interpretation must take place from time to time to adapt the changing circumstances of the society. Snatching the rights of individuals in the guise of protecting them will only affect the deve..
The Court on hearing the merits of the petition held that neither does such practices violate religious feelings of any groups nor does it affect the secular principles, therefore Thereby the petition was dismissed. ..
An unborn child do come within the definition of a child and the complainant seeking maintenance for her unborn child in the form of her upkeep, welfare and an extra care required during the pregnancy was entitled to the same.Though the mother is als..
As the scheme is intended to help the bereaved family of the deceased Government servant, the application for employment assistance should be processed at all stages and at all levels with a sense of urgency.Thus, we hold that the appellant is entitl..
The joint property enjoyed by N.Ethirajan, appellant and their sisters jointly and Natesapillai died intestate, it is only the brothers and sisters and wife of the Natesapillai as class 1 heirs who can have the right of inheritance and the first resp..
The court upheld the order of the High Court negativing the relief to the appellant, either because of lack of the privity of the contract or due to non-applicability of s.70 of the Act. The appellant had not done anything directly to the respondent...
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