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Judgments and Orders

Appeals succeed with costs

 09 June 2020

The contract which is -sought to be enforced by the present plaintiffs is, therefore, hit by Section 23 of the Indian Contract Act as being immoral and as such it is not enforceable in Court. In conclusion, the appeal succeeded, the Judgments and dec..

Posted in Others |   719 hits

Can a court annul a marriage in lieu of fraud?

 09 June 2020

The court stated that the language of Section 12(1)(c) is specific, that read with Clause (ii) of Section 5, imply that there can be no marriage in law without the free consent of the parties. It may be that the consent of the parties may not be expr..

Posted in Others |   1784 hits

Does hiding of information means fraud, if the other party can acquire the information on its own and has time to acquire it?

 09 June 2020

The admission form of appellant was sent in December of 1971 for the examinations to be conducted in April-May of 1971. The court stated that if neither the university nor the head of department of law were able to fulfil their duty to scrutinize the..

Posted in Others |   6019 hits

Is a contract still valid, if the conditions in which they were entered change?

 09 June 2020

The court held that the act of respondent was to lure the appellant into the contract with the situation at the time of negotiations but since the conditions changed it is a duty upon the respondent to notify the appellant about such change before si..

Posted in Others |   634 hits

Scope of Copyright in copy-edited judgments.

 09 June 2020

The Supreme Court held that only the compiler’s selection and arrangement might be protected. The raw facts may be copied by others at will. The court also rejected the doctrine of “sweat and brow” as it had numerous defects, the most evident one th..

Posted in Others |   1508 hits

Delhi HC: Tenant cannot suspend rent for temporary non-use due to COVID-19 lockdown

 08 June 2020

One of the pertinent issues landlords and tenants in India are facing is the suspension of monthly rentals due to the COVID-19 lockdown. Delhi High Court in the case of Ramanand and Others v. Dr. Girish Soni, has held that the period of lockdown does..

Posted in Others |   625 hits

Appeal allowed and decree of dissolution of marriage set aside

 08 June 2020

The Apex Court while rejecting the findings of the High Court and setting aside the decree for dissolution of the marriage, held that Section 13B does not prevent a party to change their mind during the transitional period provided therein and for a ..

Posted in Others |   791 hits

Appeal dismissed and Respondent not held liable for cruelty

 08 June 2020

The Court founded the Respondent guilty of cruelty but also observed that the Appellant’s act of engaging in sexual intercourse with the Respondent amounts to condonation of such cruelty as it displayed the intention of the Appellant to forgive and r..

Posted in Others |   728 hits

Case of Banwari Lal And Ors. vs Sukhdarshan Dayal

 08 June 2020

The High Court was therefore right in concluding that the title of the co-owners to plot No. 19 was not divested and that the plaintiffs had no cause of action to bring the suit. Accordingly, SC confirms that judgment and dismiss the appeal with cost..

Posted in Others |   8701 hits

Case of Balfour vs Balfour

 08 June 2020

The agreement was made due to affection and there was no consideration due to which the agreement can’t be termed as a contract and thus no legal obligation can be arised because of the agreement...

Posted in Others |   1523 hits

Case of Carlil vs. Carbolic smoke Ball Company

 08 June 2020

The company contention was that they have not entered into any agreement with Mrs. Carlil, therefore no contractual obligation arises from the side of company to pay the reward to Mrs. Carlil...

Posted in Others |   753 hits

SC dismisses plea seeking compliance of MHA's order on rent during Lockdown- 6th May 2020

 08 June 2020

The Supreme Court passed an order on 5th May 2020, refusing to entertain a petition which sought direction for the Centre to ensure compliance with the MHA order with respect to payment of rent by students and laborers during the lockdown due to COVI..

Posted in Others |   634 hits

Case of Energy Watchdog v. Central Electricity Regulatory Commission and Others

 08 June 2020

The Supreme Court of India in this case held that the contract is not frustrated merely because its performance has become difficult because of some inevitable or that a contract is not frustrated merely because the conditions in which it is made are..

Posted in Others |   1335 hits

Case of Raja Dhruv Dev Chand v. Raja Harmohinder Singh and Another

 08 June 2020

The Supreme Court of India in this case held that Section 56 of Indian Contract Act is inapplicable to lease agreements as a lease is a completed conveyance or an executed contract...

Posted in Others |   3781 hits

Case Analysis on Danamma vs. Amar

 08 June 2020

The appeals are allowed in the aforesaid terms and decree of partition shall be drawn by the trial court accordingly. The Court passed the judgment to divide the property in equal share. i.e. 1/5th, between the parties involved in the case. The Respo..

Posted in Others |   5084 hits

Appeal was allowed, and the court agreed to accept defense in the appeal stage

 08 June 2020

In its judgment, the SC held that a plain reading of the statute (Amendment Act) itself suggests that a daughter has a right in coparcenary property on and from the commencement of the Amendment Act...

Posted in Others |   806 hits

International Association of Athletics Federations (IAAF) v. Athletics Federation of India (AFI) & Akkunji Ashwini, Priyanka Panwar, Tiana Mary Thomas & Sini Jose (2012) [Appeal allowed]

 06 June 2020

The appeal filed on 5 April 2012 by the International Association of Athletics Federations (IAAF) against the decision of the Indian Anti-Doping Disciplinary Panel issued on 17 March 2011 is admissible and upheld. Ms. Ashwini, Ms. Panwar, Ms. Mary Th..

Posted in Others |   1054 hits

State of Bombay Vs. RMD Chamarbaugwala [Appeal allowed setting aside order of Bombay HC]

 06 June 2020

It was held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’. Consequently, it is not protected by the fundamental right to trade and profession und..

Posted in Others |   14237 hits

Case: Chinnaya vs Ramaya

 06 June 2020

As per section 2(d) of the Indian Contract Act (1872), “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing, or promises to do or abstain from doing, something, such ac..

Posted in Others |   23450 hits

Bigos vs. Bousted

 06 June 2020

The contract was illegal and, therefore, void. At the time the contract was formed both parties were in pari delicto. However, Pritchard J said that there was a difference between withdrawing due to repentance and withdrawing simply because the contr..

Posted in Others |   1128 hits