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Judgments and Orders

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 |   716 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 |   615 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 |   1211 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 |   3675 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 |   5011 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 |   776 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 |   990 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 |   14050 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 |   23334 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 |   1081 hits

Acceptance of contract via telephone, Where and when it is received

 06 June 2020

The Hon’ble court held that when a contract is made by conversation on telephone, the place where acceptance of offer is intimated to the offeror, is the place where the contract is made, and therefore the Civil Court at Ahmedabad had jurisdiction to..

Posted in Others |   2618 hits

What makes an invitation to Offer

 06 June 2020

The court held that self-serve shop is like a book shop where the customer has an option to choose the book lies and the sale is only done after the payment is been made to the bookshop owner. As the bookshop owner has the power to deny the sale of a..

Posted in Others |   803 hits

The Sthanee has an absolute interest in the income of the Sthanam properties or acquisitions

 06 June 2020

A member of the tarwad has no right to maintenance from out of the Sthanam properties nor can such property be converted into tarwad property by the grant of such maintenance by custom or otherwise or intermingling of the Sthanam properties with th..

Posted in Property Law |   1572 hits

In the absence of a female member a Tavazhi cannot be continued by male members alone

 06 June 2020

In the absence of a female member, the Tavazhi must come to an end with no chance of there being a female member to continue the line. The rule of survivorship in such circumstances ceases to operate and the surviving male members, in the absence of ..

Posted in Others |   694 hits

The heir related by full-blood will inherit in preference to the heir related by half-blood

 06 June 2020

The Respondent could not claim the business by reason of succession since the said sister Adam Singh by full-blood would have excluded the Respondent’s and the said Deep Narayan Singh since all of them come in the same entry of Class II heirs. Sectio..

Posted in Others |   856 hits

Whether a contract was entered between the plaintiff and defendant or not?

 05 June 2020

The court held that in the present case that claim cannot be regarded as one on the basis of contract. The plaintiff was in the service of defendant and as a servant he was sent to find the missing boy. It was his duty to find the boy, however, the a..

Posted in Others |   1052 hits

Whether the Appellant is entitled to claim the share under Hindu Succession Act,1956?

 05 June 2020

The partition had taken place by a decree of court in 1991 itself. Mrs. Mithlesh Aggarwal, died in 1998. Mere pendency of the execution would not give right to the Appellant, who is husband of Mrs. MithleshAggarwal, to revive an HUF which ceased to e..

Posted in Others |   662 hits

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 |   1682 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 |   1249 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 |   1369 hits