Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Lawyersclubindia Judiciary

Fundamental rights-Interference with religious affairs of Te

 17 February 2009

A writ petition was filed in the Orissa, High Court by the father of the appellant challenging the validity of Shri Jagannath Temple Act, 1954. The petition was dismissed by High Court which held that the Act was valid and constitutional except s. 28..

Posted in Constitutional Law |    hits

Sec. 52-Distinction between lease and licence

 17 February 2009

It is now well settled by a catena of decisions of the Supreme Court that it is the creation of an interest in immovable property that distinguishes a lease from a licence. The intention of the parties is the real test for ascertaining the character ..

Posted in Property Law |    hits

denominational temple -exemption under Article 26

 17 February 2009

t is settled position in law, having regard to the various decisions of this Court that the words "religious denomination" take their colour from the word `religion'. The expression "religious denomination" must satisfy three requirements – (1) it mu..

Posted in Constitutional Law |    hits

individual workman can not claim lay-off compensation

 17 February 2009

once a written settlement is arrived at during the conciliation proceedings such settlement under Section 12(3) has a binding effect not only on the signatories to the settlement but also on all parties to the industrial dispute which would cover the..


religious denomination-private temple

 17 February 2009

State of Madras and Another [(1981) 1 SCC 445] referring to the very provisions of the Act has held that so far as Tamil Nadu is concerned there is initial presumption that a temple is a public one, it being up to the party, who claims that it is a p..

Posted in Constitutional Law |    hits

YAMUNABAI V ANANTRAO

 17 February 2009

MARRIAGE IS VOID U/S 11 OF HINDU MARRIAGE ACT IF SPOUSE IS LIVING...

Posted in Family Law |    hits

SEEMA V ASHWANI

 17 February 2009

Registration of marriages. ..

Posted in Family Law |    hits

SEEMA V ASHWANI

 17 February 2009

All marriages shall be compulsorily registered. ..

Posted in Family Law |    hits

Application of doctrine of dominus litus

 17 February 2009

Ordinarily, the rights and obligations of the parties are to be worked out with reference to the date of institution of the suit. See Jindal [2006(8)SCALE668] Determination in regard to maintainability of the suit, it is trite, must be made with refe..

Posted in Civil Law |    hits

revocation of the grant of probate

 17 February 2009

It is now well settled that an application for grant of probate is a proceeding in rem. A probate when granted not only binds all the parties before the Court but also binds all other persons in all proceedings arising out of the Will or claims under..

Posted in Property Law |    hits

Adoption of Children by foreigner-International adoptions

 16 February 2009

When the parents of a child want to give it away in adoption or the child is abandoned and it is considered necessary in the interest of the child 796 to give it in adoption, every effort must be made first to find adoptive parents for it within the ..

Posted in Family Law |    hits

Adoption of Children by foreigner-International adoptions

 16 February 2009

When the parents of a child want to give it away in adoption or the child is abandoned and it is considered necessary in the interest of the child 796 to give it in adoption, every effort must be made first to find adoptive parents for it within the ..

Posted in Family Law |    hits

Admissibility of Unregistered document of adoption

 16 February 2009

Section 17(1)(b) of the Registration Act, 1908 clear- ly provides that a document, where any right in movable property is either assigned or extinguished, will require registration. [148D] In the instant case, that part of the deed which refers to cr..

Posted in Property Law 1 comments |    hits

custody of child

 16 February 2009

remarriage of the mother cannot be taken as a ground for not granting the custody of the child to the mother. The paramount consideration should be given to the welfare of the child..

Posted in Family Law 1 comments |    hits

Govt power to take control of Temple

 14 February 2009

As per the said Government Order, reciting Devaram and Thiruvasagam inside the temple is a valuable right of devotees.As has been held by the Supreme Court in various judgments that the administration and maintenance of the temple is purely a secular..

Posted in Constitutional Law |    hits

mere plea of divorce taken in the written statement-no Talak

 14 February 2009

We do not agree with the view propounded in the decided cases referred to by Mulla and Dr Tahir Mahmood in their respective commentaries, wherein a mere plea of previous talaq taken in the written statement, though unsubstantiated, has been accepted ..

Posted in Family Law |    hits

Family Court's jurisdiction to decide property dispute

 14 February 2009

The Family Courts Act was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. From a ..

Posted in Family Law |    hits

consent of a patient necessary for surgical procedure

 14 February 2009

if the patient been conscious, and informed about the need for the additional procedure, the patient might have agreed to it. It may be that the additional procedure is beneficial and in the interests of the patient. It may be that postponement of th..

Posted in Others |    hits

Rajinder Singh v Prem Mai

 14 February 2009

INORDINATE DELAY LOOSE FAITH IN JUDICIARY...

Posted in Constitutional Law |    hits

VIJAY KUMAR and NAVEEN KUMAR ..... Petitioners

 13 February 2009

At the time of framing charges, the trial court is required to consider only the material produced by the prosecution alongwith its charge sheet and/or upplementary charge sheet. It is not even to look at the documents which the accused may produce i..

Posted in Criminal Law |    hits








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