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Judgments and Orders

When there is no male member, can it be said that a Hindu undivided family is in existence?

 05 June 2020

The agreement did no more than to acknowledge the liability to pay monthly allowance at a fixed and enhanced rate to PannaKuar.The nature of the allowance received by her was not, therefore, altered and, in spite of the execution of the agreement, th..

Posted in Family Law |   1757 hits

Ramanand & others v. Dr. Girish Soni; RC. Rev. 447/2017

 05 June 2020

In this case, the landlord leased the property to the appellants for commercial purposes vide a lease deed that was executed in 1975. In 2008, the landlord filed an eviction petition under Section 14(1)(e) of Delhi Rent Control Act, 1958, which was g..

Posted in Others |   1279 hits

Whether a Hindu husband married under Hindu law, solemnize a second marriage by embracing Islam?

 05 June 2020

The Court observed that a marriage under Hindu law can be dissolved only through a decree of divorce obtained under any ground under Section 13 of the Hindu Marriage Act, 1955 and not by conversion. Thus, a second marriage solemnised before dissoluti..

Posted in Constitutional Law 1 comments |   1414 hits

Theory of Notional Employment in cases of personal injury during employment

 05 June 2020

Order of the High Court dated 09.05.2014 is set aside and the Order of Workmen Compensation Commissioner dated 12.12.2005 is restored...

Posted in Others |   1881 hits

Will Cannot be Suspected merely Because Beneficiary helped the Testator in preparing the Will

 05 June 2020

The Supreme Court was dealing with an appeal by special leave against the judgment whereby the Delhi High Court had dismissed the appeal preferred by the present appellant and had affirmed the judgment passed by the Additional District Judge in a Pro..

Posted in Property Law |   1939 hits

Berubari Union Case: 1960

 05 June 2020

The Supreme Court held that the legislative action is necessary for implementation of agreement relating to Berubari union. (a) A law of Parliament relatable to Art. 3 of the Constitution would be incompetent; (b) A law of Parliament relatable to Art..

Posted in Others |   3912 hits

Whether the deed created a charge in favour of the State bank in order to satisfy the debt under the letter of guarantee

 04 June 2020

M.C. Chacko was held not personally liable to satisfy the debt under the letter of guarantee. Properties which were under the Schedule A of the deed allotted to M.C. Chacko were also held not liable to satisfy the debt due to Kottayam Bank under the ..

Posted in Others |   3854 hits

Whether a stranger /third party can enforce the performance of the contract between the actual parties to a contract?

 04 June 2020

The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered..

Posted in Others |   2322 hits

Law on the concept of "ancestral property" under the Hindu Succession Act, 1956 and the formation of a HUF by the surviving members of the deceased

 04 June 2020

On the death of Jagannath Singh in 1973, the joint family property which was ancestral property in the hands of Jagannath Singh and the other coparceners, devolved by succession under Section 8 of the Act. This being the case, the ancestral property ..

Posted in Others |   834 hits

What share is the plaintiff entitled in the suit property?

 04 June 2020

The Court held that the mother should have been allotted a share at the time of the notional partition, and after inheritance her share would be equal to half of the property...

Posted in Others |   1017 hits

Whether the Hindu Marriage Law sanctifies the concept of matrimonial home be whittled down to a weekend marriage at the unilateral desire of the wife to live separately?

 04 June 2020

The Court observed that a marital home is the basis of the concept of marriage and the “bundle of indefinable rights and duties which bind the husband and the wife can perhaps be best understood only in the context of their living together in the mar..

Posted in Others |   3471 hits

Whether the wife is under a legal obligation to resign from her job to live in the matrimonial home decided by the husband?

 04 June 2020

The Court while rejecting the contentions of the Respondent, held that the wife had a reasonable excuse for refusing to resign from her job and live with the Respondent in Delhi. It cannot be said that the Appellant withdrew from the society of the h..

Posted in Family Law |   2301 hits

Whether the conviction of the Appellants for commission of an offence under S. 494 of Indian Penal Code, valid?

 04 June 2020

The Apex Court held that if in accordance with the applicable law, a marriage between the parties is not valid then the question of it being void by reason of it taking place during the lifetime of a previous wife does not even arise...

Posted in Others |   837 hits

Gross income, deciding factor

 04 June 2020

In the judgment of the case – Triveni Kodkany and Others v. Air India Ltd. and Others, delivered on March 3, 2020, a division bench of the Supreme Court, consisting of Justice Dr Dhananjaya Y. Chandrachud and Justice Ajay Rastogi have in very clear t..

Posted in Others |   634 hits

Who is a 'Hindu' for the application of the Hindu Marriage Act, 1955?

 03 June 2020

In the present case, the Court concluded that the Appellant failed to prove existence of a valid custom which makes the second marriage null and void and since second marriage being void is a sine qua non for the applicability of Section 494 IPC, no ..

Posted in Others |   3113 hits

Conflict of jurisdiction between Competition Commission of India and Telecom Regulatory Authority of India and the interplay of roles of the two regulators

 03 June 2020

The SC did not grant leave to petitioners and upheld the decision of The High Court. The SC recognized that the TRAI is sector specific regulator and has expertise to deal with the issues in the telecom sector, which arise from the Telecom Regulatory..

Posted in Others |   888 hits

What is the nature of the wife's or mother's right to a share at a partition between her husband and her sons?

 03 June 2020

There is no justification for limiting the Respondent’sshare to 1/24th by ignoring the 1/4th share which she would have obtained had there been a partition during her husband's lifetime between him and his two sons. In a partition between Khandappa a..

Posted in Others |   740 hits

Whether Hindu Succession (Amendment) Act, 2005 (‘the Amendment Act’) will have retrospective effect?

 02 June 2020

The rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th Dece..

Posted in Others |   989 hits

Whether Evidence collected from a child witness is admissible in the Court?

 02 June 2020

In the present case according to the ‘F.I.R’ filed by the complainant the accused persons were apprehended. Reliable evidence was collected from complainants family it was held that the court has upheld the decision and sentenced the appellants. In t..

Posted in Others |   627 hits

Whether the Forensic Techniques used to extricate Evidence are against Human Rights?

 02 June 2020

Number of Judgments have been cited and discussed in the present case. It was held by the court that Forensic test should be performed in the presence of expert team of doctors. In this case, court permitted the authority for conducting the Narco-Ana..

Posted in Others |   780 hits