The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered..
On the death of Jagannath Singh in 1973, the joint family property which was ancestral property in the hands of Jagannath Singh and the other coparceners, devolved by succession under Section 8 of the Act. This being the case, the ancestral property ..
The Court held that the mother should have been allotted a share at the time of the notional partition, and after inheritance her share would be equal to half of the property...
The Court observed that a marital home is the basis of the concept of marriage and the “bundle of indefinable rights and duties which bind the husband and the wife can perhaps be best understood only in the context of their living together in the mar..
The Apex Court held that if in accordance with the applicable law, a marriage between the parties is not valid then the question of it being void by reason of it taking place during the lifetime of a previous wife does not even arise...
In the judgment of the case – Triveni Kodkany and Others v. Air India Ltd. and Others, delivered on March 3, 2020, a division bench of the Supreme Court, consisting of Justice Dr Dhananjaya Y. Chandrachud and Justice Ajay Rastogi have in very clear t..
In the present case, the Court concluded that the Appellant failed to prove existence of a valid custom which makes the second marriage null and void and since second marriage being void is a sine qua non for the applicability of Section 494 IPC, no ..
The SC did not grant leave to petitioners and upheld the decision of The High Court. The SC recognized that the TRAI is sector specific regulator and has expertise to deal with the issues in the telecom sector, which arise from the Telecom Regulatory..
There is no justification for limiting the Respondent’sshare to 1/24th by ignoring the 1/4th share which she would have obtained had there been a partition during her husband's lifetime between him and his two sons. In a partition between Khandappa a..
The rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th Dece..
In the present case according to the ‘F.I.R’ filed by the complainant the accused persons were apprehended. Reliable evidence was collected from complainants family it was held that the court has upheld the decision and sentenced the appellants. In t..
Number of Judgments have been cited and discussed in the present case. It was held by the court that Forensic test should be performed in the presence of expert team of doctors. In this case, court permitted the authority for conducting the Narco-Ana..
Justice Banerjee had held that any decision to change the age of retirement has to be taken in consonance with the Rule 73 of Bihar Service Code, and that the decision cannot be merely taken by passing a resolution by the Board. She held that the app..
It is stated under section 499 if Indian Penal Code, 1860.Punishment for defamation is stated u/s 500 of Indian Penal Code, 1860 which states that whosoever, commits this crime will be liable to simple imprisonment of 2yrs or fine or both...
The two appellants preferred an appeal to High Court and the same was dismissed. The High Court, However, set aside the conviction under 498-A of IPC but confirmed it under Section 304-B of IPC...
Ramesh Sobti filed a petion challenging the notice issued to him to appear before the officer-in-charge in the matter of pending investigation in a criminal complaint filed by Respondent. ..
The Hon’ble Supreme Court observed that the information given by any individual on telephone to the police is not for the purpose of lodging a First Information Report, but rather to request the police to reach the place of occurrence, whereas the in..
The facility which Section 438 of the Code provides is generally referred to as Anticipatory bail. The present case the Hon’ble Supreme Court rejected the application to seek protection under Section 438 of the Code, the only remedy available to the ..
The High Court upheld the trial court's decision of acquittal of all the accused persons and while concluding judgment, mechanically disposed of the appeal by passing an order without examining as to whether the leave to file an appeal filed by the A..
The Hon’ble Court in this present case held, that a broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of ..
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