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While upholding the need to maintain the sanctity of the undertaking that one gives to obtain compassionate appointment, the Calcutta High Court which is also the oldest High Court in India in a learned, laudable, latest and landmark judgment titled Smt Durgabala Mandal Vs The State of West Bengal & Ors. in FMA 334 of 2020 With CAN 1 of 2019 (Old CAN 6604 of 201..

KEY TAKEAWAY An injunction is a legal process in which someone who has infringed or threatened to infringe on another's rights is barred from continuing or initiating the wrongful act. An injunction is an order against a person, in which restraint or direction is given for d..

KEYTAKE AWAYS It is under the sections 14 to 16 in The Hindu Succession Act, 1956 where matters related to the succession of property of Hindu females is delt with. Inherited property of a Hindu female dying issueless and intestate goes back to the source. (‘Back to source..

KEY TAKEAWAYS Adultery is now seen as a civil wrong that has been decriminalized, although it was formerly regarded as a criminal offence. Adultery was earlier penalized under Section 497 of the Indian Penal Code, making it a criminal offence. li style="text-align: justi..

The Hon’ble SC has observed, in Renaissance Hotel Holdings Inc. vs. B. Vijaya Sai, that in an action for the infringement of trade mark, when it is shown that the trade mark of the defendant is identical to that of the plaintiff and the goods or services rendered by them are also identical, the Court shall presume that the public would be confused ther..

Inherited Property Of A Female Hindu Dying Intestate And Issueless Goes Back To The Source: SC In the case of Arunachala Gounder vs Ponnusamy the Hon’ble SC has held that any property acquired by a female hindu dying intestate and without any children would go back where it came from, that is, to its source./li..

The Hon’ble SC has observed, in the case of Shenbagam vs KK Rathinavel that the conduct of the plaintiff is very important in a suit for specific performance of a contract and the same has to be assessed by the Courts. In the instant case, the appellant and her spouse entered into an agreement with the respondent..

In the case of Arunachala Gounder vs Ponnusamy the Hon’ble SC has held that any property acquired by a female hindu dying intestate and without any children would go back where it came from, that is, to its source. In the instant case, the devolution of the self acquired property of Late Marappa Gounder was in qu..

KEY TAKEAWAYS Negligence is the failure to take the care that a person is legally obligated to do given the circumstances. There are three aspects that make up negligence: a duty to care, a breach of duty, and damages. The maxim Res Ipsa L..

In the case of Surendra Singh Bhati vs State (NCT of Delhi) and other connected matters, the Hon’ble Delhi HC has opined that the magnitude of the offense in question cannot be the sole criterion for the denial of bail. Granting bail to the two accused in a multi-crore scam case, the Court observed that the objec..

KEY TAKEAWAYS When the performance of the contractual obligations is rendered impossible due to circumstances which are beyond the control of the contractual parties, the doctrine of frustration of contract, envisaged under Section 56 of the Indian Contract Act comes into play L..

KEY TAKEAWAY • The Supreme Court held in Ritesh Sinha v. State of Uttar Pradesh (2019) that ordering an accused to provide a voice sample does not violate Article 20(3) of the Indian Constitution. • Because a court's order for an accused to provide a voice sample f..

In the case of G.T. Girish vs. Y. Subba Raju the Hon’ble SC has observed that the effect of section 52 of the Transfer of Property Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this..

The Hon’ble Gujarat HC has observed, in the case of Jagdeepbhai Chandulal Patel vs. Reshma Ruchin Patel that the right of a woman to reside in a shared household cannot be defeated by a summary eviction under the Maintenance and Welfare Of Parents And Senior Citizens Act, 2007. In the instant case, the petitioner..

KEY TAKEAWAYS Emperor v. Burah was the first case which examined judicial review in India. Landmark case of Kesavananda Bharati v. State of Kerela supports the statement that judicial review is a basic feature of the Indian Constitution. J..