Contrary to most customary laws governing the inheritance in our country, the Mizo customary law stands out as being the one where a natural heir who does not take the responsibility of his aged parents, is not entitled to inherit their property. Moreover, a person who takes care of and supports a person till his death, could inherit the property of the dece..
In Asha Joseph vs Babu C George the Kerala HC has held that in a suit for specific performance of a sale deed, if the plaintiff has not given the details of the funds in her possession, or the manner in which she intends to raise them, it shall not be fatal to the suit as these are matters of evidence and need not be pleaded. li style="text-ali..
In Cosco International Pvt. Ltd. v. Jagat Singh Dugar (2022), Justice Anup Jairam Bhambhani ruled that Chapter VII Rule 3 only prohibits a written statement on record filed without an accompanying affidavit of admission/denial of documents as it does not amount to the Non-Est filing. Furthermore, it stated that filing the written statement and taking it on r..
Bail Granted By Lower Court Can Be Cancelled By Higher Court If Evidence, Societal Impact And Gravity Not Considered: SC In Imran vs Mohammad Bhava the Apex Court has held that even though significant scrutiny is required to be done by the higher Court while cancelling bail granted by lower Court, the same can be done..
In Veena Garg vs. Delhi Development Authority (2022), Justice Subramonium Prasad ruled that a bidder who has accepted the tender document on his own volition cannot request variation from it while participating in the tender. Furthermore, it was determined by the Hon'ble Delhi High Court that accepting such a proposal violates the principles outlined in ..
KEY TAKEAWAYS The Rarest of the Rare Doctrine is a half tale, part truth, but it is also a rare occurrence in the court system. s..
KEY TAKEAWAYS Fraud is a purposeful act of deception with the intent of obtaining something by taking unfair advantage of someone else. It's a gain of profit from someone else's loss. ..
In SMD Mohammad Abdul Khader vs Muniswari the Madras HC, while setting aside the order of the lower Court, has allowed the accused to examine the prosecution witnesses in proceedings under section 138 Negotiable Instruments Act. The Court observed that the accused has a right to prove that the complainant in a particular case did not have the capacity. He can do so by p..
Key Takeaways Primarily, Information Technology Act, 2000 provides the basic legal framework for electronic transactions in India. Along with this Act, various rules notified under this Act play a significant role in regulating the digital space. The rights of copyright owners c..
In Imran vs Mohammad Bhava the Apex Court has held that even though significant scrutiny is required to be done by the higher Court while cancelling bail granted by lower Court, the same can be done if relevant material, gravity of the offence or its societal impact has not been considered by the lower Court. This obse..
Difference between Partnership at Will and Particular Partnership BASIS PARTNERSHIP AT WILL PARTICULAR PART..
In the State of Maharashtra vs. 63 Moons Technologies Ltd (2022), Justices DY Chandrachud, Surya Kant, and Bela M Trivedi upheld the attachment of 63 Moons Technologies' properties while dismissing a contest to the constitutionality of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act 1999. li style="text-alig..
Court Cannot Usurp Government’s Power To Grant Remissions U/S 432 CrPC: SC In the case of Ram Chander vs State of Chhattisgarh and ors. the Apex Court has held that a Court cannot usurp the power of the government to grant remission of sentence to convicts. It can only review the decision of the government with ..
In Rajivgandhi vs The State rep. by The Inspector of Police the Madras HC has directed the State Government to ban the practice of two finger test on rape victims by medical practitioners immediately. This direction was issued after the Court noticed that the same was being conducted in cases of sexual offences i..
Difference between Pledge and Hypothecation BASIS PLEDGE ..
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