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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..

The Kerala HC has held, in the case of Shyju P.K. vs. Nadeera and Anr. that defence can be struck off for the non- payment of maintenance pendente lite only when the default is deliberate and is wilful. In the instant case, a woman along with her minor daughter (respondents in the current case) filed a petition before ..

In the case of United India Insurance Company Ltd. vs. Smt. Anita Devi and Ors. the Delhi HC has observed that the insurance company cannot avoid it’s liability when the offending vehicle was stolen and was unauthorisedly driven by someone else. In order to avoid the same, the company has to show that there was a wilful breach on the part of the insure..

Article 20(3) Not Violated; Consent Of The Accused Not Necessary To Obtain Voice Sample: Kerala HC The Hon’ble Kerala HC has held in the case of Mahesh Lal N.Y. vs. State Of Kerala that the consent of the accused is not required for the purpose of obtaining their voice sample for comparison, as the same has alre..

The Hon’ble Kerala HC has held in the case of Mahesh Lal N.Y. vs. State Of Kerala that the consent of the accused is not required for the purpose of obtaining their voice sample for comparison, as the same has already been established and is not considered to be a violation of the doctrine of self incrimination as envisaged in Article 20(3) of the Cons..

KEY TAKEAWAY Damnum sine Injuria is a legal principle that refers to damages without injury or damages in which the plaintiff's legal rights have not been infringed upon. In the instance of damnum sine injuria, no action is available because no legal right has been violated. li style="text-align: justify;"..