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Others Judgments and Orders

Wherever the relationship between the State and a Citizen is in issue, the personal law of the citizen has little or no relevance

 10 June 2020

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..

Posted in Others |   589 hits

Case of Aruna Ramchandra Shanbaug vs. Union of India & Ors

 10 June 2020

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 ..

Posted in Others |   2999 hits

Case of Anuj Garg & Ors v. Hotel Association of India & Ors

 10 June 2020

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..

Posted in Others |   4901 hits

Atheist Society of India v. Govt. Of Andhra Pradesh

 10 June 2020

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. ..

Posted in Others |   2624 hits

An unborn child aged five months onwards in the mother's womb till its birth can be treated as equal to a child in existence

 10 June 2020

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..

Posted in Others |   985 hits

The rights of a child born are regarded by reference to the moment of conception and not of birth and the unborn child in the womb if born alive is treated as actually born for the purpose of conferring on him benefits of inheritance

 10 June 2020

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..

Posted in Others |   581 hits

A person having right of inheritance under a coparcenary property who dies when his child was in the womb of his mother, that child who born subsequently, after the death of the intestate father will have the same right of the father

 10 June 2020

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..

Posted in Others |   520 hits

Appeal dismissed without any costs

 09 June 2020

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...

Posted in Others |   2056 hits

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 |   704 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 |   1735 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 |   5834 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 |   594 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 |   1459 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 |   607 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 |   749 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 |   692 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 |   8467 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 |   1477 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 |   718 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 |   617 hits







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