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Judgments and Orders

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 |   2716 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 |   868 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 |   1654 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 |   735 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 |   896 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 |   1093 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 |   707 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 |   1786 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 |   1348 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 |   1482 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 |   1893 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 |   2018 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 |   4039 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 |   3893 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 |   2343 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 |   914 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 |   1029 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 |   3497 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 |   2324 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 |   842 hits