The Court observed, Remarriage of a widow stands legalized by reason of the incorporation of the Act of 1956 but on her remarriage she forfeits the right to obtain any benefit from out of her deceased husband’s estate. The estate in that event would ..
The observed, the Hindu Law did not provide that even the mother would be disinherited if the remarried.Kasturi claimed inheritance not as a widow of her husband Madhua but as the mother of Karua. Thus, "unchastity of a mother is no bar to her succee..
The term life under Article 21 does not mean mere animal existence but includes all those which are essential for an individual to lead a dignified life. A legislation will remain a dead letter if the State fails to implement it effectively. It is ..
The Court while reiterating illustration (b) to Section 17 of the Contract Act, which defines fraud, observed that the father of the Appellant had resorted to active concealment of a fact, which was within his knowledge or belief, intending to indire..
The Court while dismissing the appeal, embarked upon the concept of cruelty and held that the evidence led by the Appellant to prove cruelty only shows sensitivity of the Appellant with respect to the conduct of the Respondent which cannot be termed ..
The court accepted the appeal and stated that there was no contract between the appellant and respondent related to the sale of horse. The court stated that mere silence does not amounts to acceptance and any such binding condition on the other party..
Court based its judgment on principles and the facts in hand and stated that Tribunal was justified in modifying the earlier order and varying it ;and the Appellate Tribunal was not at fault for holding it and HCs order is set aside...
his judgement by the ICJ constitutes an important step in the Court’s interpretation and development of International Law. One of the most important aspects of this case is the manner in which the ICJ identified its jurisdiction over the matter. Fur..
Even before the foundation for fundamental rights were laid down in the Indian Constitution, every individual possessed certain natural rights by virtue of being born in this world. To get married or become pregnant are such inherent rights which ca..
The Court observed, Thainu died in 1960 and the Mutation of property was sanctioned in 1961. Appellant failed to prove that respondent married before the death of Thainu. According to Sanctioned Mutation appellant and respondent was given ½ of the pr..
The Court observed, there is no process providing for the forfeiture of the property inherited by a husband from a deceased wife on his contracting a re-marriage. Naturally, in these changed conditions there was a strong movement for remedying the de..
The Court deliberated upon the concept of desertion as a ground for divorce. Two elements are the sine qua non in order to prove desertion. As regards to the deserting spouse, first being factum deserendi that is, the actual fact of separation and se..
The Court held that marriage solemnised after converting to Islam from any other faith during the existence of previous marriage is deemed void even when the personal laws of Islam allow polygamy. The Hindu law prohibits bigamy under Section 5 read w..
Court stated that 'Contract' is a bilateral transaction between two or more than two parties. Every contract has to pass through several stages beginning with the stage of negotiation during which the parties discuss and negotiate proposals and count..
The court held that the act of directors was only in good faith and they issued the prospectus, as they were fully aware that they will get the approval of the Board of Trade for rams. Hence, the claim of shareholders was rejected...
The court found no illegality or perversity in the concurrent findings so recorded by both the courts below. As such, no question of law requiring determination arises in this regular second appeal filed by the appellant-plaintiff, which has no merit..
The High Court, after perusing the record, held that the appellate court erred in placing the burden of proof on the petitioner and erred in holding that she has not placed the details of the contract with regard to the business of the husband. The l..
The court held that according to section 2(q) of the Protection of Women from Domestic Violence Act, 2005, indicates that both, an aggrieved wife or a female living in a relationship in the nature of marriage may also file a complaint against a relat..
The Court entertaining an application for appointment of a foreigner as guardian of a child should not require the representative, of the recognized placement agency processing the application as a co-petitioner nor should the court insist on appoint..
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