cpc

The appeal is allowed, and the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24,1964 was restored

 26 September 2020

The appeal is allowed, the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24, 1964, is restored. The plaintiffs to pay the costs of defendant No. 1 throughout and bear their own. The rest of the re

Posted in Constitutional Law |    0 comments |   25 hits


Can a guardian be appointed by the donor of property

 26 September 2020

Posted in Constitutional Law |    0 comments |   25 hits


Guardianship of the child if the mother marries another person of a different religion

 26 September 2020

The court held that the marriage of a mother with a person of a different religion is not a ground to take away the custody of the child. Mother's affection and care cannot be substituted.

Posted in Constitutional Law |    0 comments |   27 hits


Whether the award declaring the respective shares of the defendants was placed before the second appellate court

 26 September 2020

The review court held that the Mahaddanama was genuine, valid and for consideration, but it remanded the case to the lower appellate Court for deciding the issues regarding the partition of the suit. The lower appellate Court held that there was a pa

Posted in Constitutional Law |    0 comments |   22 hits


Custody of minor sons and management of property in case of an Unregistered will

 26 September 2020

The Court in the peculiar facts and circumstances saw the paramount welfare of both the minor children as they are born out of the wedlock of late Jitendra Pal Singh with two different ladies and the grandmother being the only common factor whose gen

Posted in Constitutional Law |    0 comments |   25 hits


Whether the custody awarded of a child to the mother was rightful

 26 September 2020

The Honorable court after considering all the material facts and the law governing the rights of the parents for custody of minor children upheld the decision rendered by the trial Court as just and proper. The appeal was dismissed.

Posted in Constitutional Law |    0 comments |   25 hits


A mother is not competent to act as the natural guardian of a Hindu Minor if the father of the Hindu Minor is alive

 26 September 2020

The Judge concurred with the view taken of the below courts and affirmed that the judgment and decree passed in the case and dismissed the appeal. A there was no appearance for the respondents, there was no order for costs.

Posted in Constitutional Law |    0 comments |   26 hits


Can the alleged wife's will regarding the properties inherited by the alleged deceased husband valid

 21 September 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC. The Supreme Court held -the suspicious circumstance appears to be that when the Will was being executed, the thumb impression over the alleged Will was also taken by the benefici

Posted in Constitutional Law |    0 comments |   177 hits


Does the alleged husband have a right on alleged deceased wife’s self-acquired property

 21 September 2020

The Supreme Court held that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage, but the presumption which may be drawn from long cohabitation is a rebuttable one and if there are circumstances which

Posted in Family Law |    0 comments |   167 hits


Deals with legitimacy of children arising out of void and voidable marriages

 21 September 2020

Relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents.-

Posted in Others |    0 comments |   168 hits


General principles of an appointment and authority of agents are not different for a power of attorney holder than given in Contract Act 1872 who employ an agent

 21 September 2020

Ajit Panwar is required to furnish security for payment of costs as he wrongly acted as the Power of Attorney of the old lady who couldn't give consent.

Posted in Constitutional Law |    0 comments |   150 hits


Deals with dissolution of Muslim Marriage Act,1939

 21 September 2020

enunciation in matters where one's own interest is affected is fine but where power is given to protect the interests of others against measures which are not allowed in our Constitution would be fraught with inadequate consequences.

Posted in Constitutional Law |    0 comments |   147 hits


Section 13(1)(ia), Section 5(i) & 11 of Hindu Marriage Act, 1955 - Case Law

 21 September 2020

Supreme Court read out Section 15 of HMA and stated that the section was only to provide protection to the party who is contesting the decree of divorce.

Posted in Constitutional Law |    0 comments |   158 hits


Section 7 of Hindu Marriage Act - Case Law

 21 September 2020

The Supreme court upheld the judgment of High Court to punish the appellant for committing bigamy and rejected the appeal of the appellant.

Posted in Constitutional Law |    0 comments |   151 hits


Supreme Court upheld the decision given by the High Court, and declared the decision given by the trial court to be unjustified

 21 September 2020

The High Court on a reasonable assessment of the situation, rightly came to the conclusion that the requisite degree of the mental-disorder which alone would justify dissolution of marriage has not be established and the decree of dissolution of marr

Posted in Constitutional Law |    0 comments |   146 hits


Marriage is void under Section 11 of Hindu Marriage Act, if spouse is living

 21 September 2020

The marriage of a woman in accordance with the Hindu rites with a man having legal spouse, after coming into force of HMA is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of CrPC.

Posted in Family Law |    0 comments |   148 hits


Defines balance of convenience and prima facie

 21 September 2020

In a prima facie case, the court has to analyse the documents on record and carefully examine the case & injunction is granted or refused on the balance of convenience on both the sides.

Posted in Constitutional Law |    0 comments |   161 hits


Question of law as to is the trial court beyond its jurisdiction to inspect the possession of property

 21 September 2020

The issue of possession is decided only on the basis of evidence.

Posted in Constitutional Law |    0 comments |   7 hits


Order 39 Rule 1, Section 115 of Code of Civil Procedure - Case Law

 21 September 2020

The impugned order passed by High Court was set aside and the previous judgments of the lower courts were validated.

Posted in Civil Law |    0 comments |   9 hits


Whether the wife of a disqualified heir claims for inheritance of estate of her deceased father-in-law

 18 September 2020

The case first went to the trial court, where it was held that all the properties are joint family properties of the deceased Ramasami Konar and his disqualified son, (The first defendant), but since he had murdered his father, he is not entitled to

Posted in Family Law |    0 comments |   120 hits






Updated on : 27/09/2020 05:54:00





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