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Gift Of Ancestral Property Of HUF Can Only Be For ‘Pious Purposes’, Cannot Be ‘Out Of Love And Affection’: SC In the case of KC Laxmana vs KC Chandrappa Gowda the Apex Court has held that a Hindu Father or any other member of Hindu Undivided Family has power to make a gift of ancestral property..

In the case of B.P. @ Amrat Singh Gurjar vs State of MP the Madhya Pradesh HC has granted bail to a man arrested on the basis of the confessional statement of a co-accused. The Court observed that lately, it has become a norm for the police to file a charge-sheet against a person only on the basis of the confessional statements of an accused. li styl..

Denial Of Sex ‘Cruelty’ But Not ‘Exceptional Hardship’ For The Purpose Of Section 14 Of HMA: Cooling Priod Cannot Be Waived: Delhi HC In the case of Rishu Aggarwal vs Mohit Goyal the Delhi HC has held that the denial of conjugal relationship does not amount to ‘exceptional hardship’..

In the case of KC Laxmana vs KC Chandrappa Gowda the Apex Court has held that a Hindu Father or any other member of Hindu Undivided Family has power to make a gift of ancestral property only for a pious purpose and the same cannot be done out of love and affection as the same does not come within the scope of the term pious purpose.  li style="t..

KEY TAKEAWAYS The Sessions Court is established according to Section 9 of the CrPC. According to Section 209, a Magistrate takes cognizance of a crime. Articles 233-237 deal with subordinate courts. ..

In a very significant, straightforward and stimulating judgment titled Jagjeet Singh & Ors vs Ashish Mishra @ Monu & Anr in Criminal Appeal No. 632 of 2022 [Arising out of Special Leave Petition (Crl.) No. 2640 of 2022] and cited in 2022 LiveLaw (SC) 376, the Apex Court held that a ‘victim’ as defined under Section 2(wa) of the Code of Criminal P..

Difference between Fraud and Misrepresentation BASIS FRAUD MISINTERPRETATION tr..

Difference between Acquittal and Discharge BASIS AQUITTAL DISCHARGE td..

In Muhammed Hasheer Poolakkal v. United Arab Bank & Anr. (2022), Justice Ziyad Rahman AA observed, while evaluating the legislative intent behind implementing Chapter VIIA of the CrPC, that allowing any individual or institution to file an application would equate to reading into the provision that was never intended to be envisaged. Furthermore, it was ..

KEY TAKEAWAYS The doctrine of relation back was prevalent in uncodified old Hindu law, according to which a son adopted by a widow relates back to the a href="https://www.lawyers..

In the case of Kailash Chandra Panda and ors. vs. State of Orissa and ors. the Orissa HC has held that a revision petition under section 115 of the Code of Civil Procedure (CPC) is not maintainable before the HC against the order of the District Court which is passed in its appellate or revisional jurisdiction. It was clarified that the order must have been ..

Difference between Mortgage and Charge BASIS MORTGAGE CHARGE td style=..

In the case of Rishu Aggarwal vs Mohit Goyal the Delhi HC has held that the denial of conjugal relationship does not amount to ‘exceptional hardship’ or ‘exceptional depravity’ and thus, cannot be a ground for waving of the mandatory cooling period of one year provided under section 14 of the Hindu Marriage Act, in a case of divorce b..

In Dr. Papia Mukherjee v. Aruna Banerjee and Others, Chief Justice Prakash Srivastava (in a single-judge bench) held that the death of a party does not discharge an arbitration agreement. The agreement remains enforceable by/against the legal representatives of the deceased party until the right to sue in respect of the cause of action survives. Furthermore,..

Report After Investigation u/s 173(8) CrPC Must Be Placed Before Magistrate: Chhattisgarh HC In the case of Mirza Dawood Baig vs State of Chattisgarh and ors, the Chhattisgarh HC has held that in cases where any further investigation has been carried out under Section 173(8), then irrespective of its outcome, the repo..