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Judgments and Orders by Esheta Lunkad

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Culpable homicide is murder if the act by which the death is caused is done with the intentions of causing bodily injury to any Person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death

 30 September 2020

The Court carefully examined all the evidences and heard the testimonies of all the witnesses and then came to he conclusion. The Court held that, the act of appellant in poring acid on the body was preplanned and he intended to cause the injury whic..

Posted in Others |   754 hits

A mother is not competent to act as the natural guardian of a Hindu Minor if the father of the Hindu Minor is alive

 26 September 2020

The Judge concurred with the view taken of the below courts and affirmed that the judgment and decree passed in the case and dismissed the appeal. A there was no appearance for the respondents, there was no order for costs...

Posted in Constitutional Law |   947 hits

Supreme Court upheld the decision given by the High Court, and declared the decision given by the trial court to be unjustified

 21 September 2020

The High Court on a reasonable assessment of the situation, rightly came to the conclusion that the requisite degree of the mental-disorder which alone would justify dissolution of marriage has not be established and the decree of dissolution of marr..

Posted in Constitutional Law |   2936 hits

Marriage is void under Section 11 of Hindu Marriage Act, if spouse is living

 21 September 2020

The marriage of a woman in accordance with the Hindu rites with a man having legal spouse, after coming into force of HMA is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of CrPC...

Posted in Family Law |   5498 hits

Marriage is void under Section 11 of Hindu Marriage Act, if spouse is living

 16 September 2020

The marriage of a woman in accordance with the Hindu rites with a man having legal spouse, after coming into force of HMA is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of CrPC..

Posted in Constitutional Law |   920 hits

Supreme Court upheld the decision given by the High Court, and declared the decision given by the trial court to be unjustified

 16 September 2020

The High Court on a reasonable assessment of the situation, rightly came to the conclusion that the requisite degree of the mental-disorder which alone would justify dissolution of marriage has not be established and the decree of dissolution of marr..

Posted in Constitutional Law |   895 hits

Case Analysis of: Rajendran and others vs Shanakr Sundaram and others

 16 September 2020

The appeal was dismissed, and order as to costs...

Posted in Others |   1180 hits

The Court very well defined the provisions of Order 37, Rule 4 even with reference to Order 9

 15 September 2020

Before declaring the Judgment the Court very well explained the provisions of Order 37, even with reference to Order 9. The Supreme Court held that, though appellant has shown sufficient cause for his absence on the date of passing ex parte decree, s..

Posted in Constitutional Law |   3051 hits

Should the decree be set aside

 15 September 2020

Inherent powers are to be exercised by the Court in very exceptional circumstances for which the Code lays down no special procedures. Rule 4, Order 37 expressly gives power to a court to set aside a decree under the provisions of the Order. If the c..

Posted in Others |   738 hits

Govt pleader shall be the agent of the govt to receive process by court

 14 September 2020

Landlord does not have the right to give eviction orders at any of the branches of the government’s postal service...

Posted in Constitutional Law |   958 hits

Security not to be demanded by govt, but decretal amount can be required to be deposited in the appeal against a money decree

 14 September 2020

Court has the power to direct for full or part deposit and/or to furnish security of the decretal amount. ..

Posted in Corporate Law 1 comments |   1788 hits

Authorization to present suits can only be given after a decision to institute a suit is taken by the board of directors of the company

 14 September 2020

The cover-notes remained in the office of the defendant and are not proved to have been given to the plaintiff, the contract between the parties cannot be held to be concluded...

Posted in Corporate Law |   1707 hits

Definition of Partnership, Partner, Firm and Firm Name

 14 September 2020

In this judgement, CPC does not apply to HRC orders ..

Posted in Constitutional Law |   894 hits

Is it necessary to implead the State in a suit if the relief is sought against the State

 14 September 2020

The Supreme Court allowed the appeal & set aside the judgement of HC given in second appeal. ..

Posted in Constitutional Law |   732 hits

Court has discretion to extend the time for filing written statement if it’s reasonable

 14 September 2020

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Posted in Constitutional Law |   896 hits

The U.P.S.R.T.C had removed a conductor from the job due to allegations of misconduct

 14 September 2020

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Posted in Others |   907 hits

XXXIII Order Rule 11 of Code of Civil procedure - Case Law

 14 September 2020

The Court held the Plaintiff to pay the Court fee by invoking Rule 10 & 11 from Order 33 of C.P.C. The court didn’t direct the defendant to pay the Court fee...

Posted in Corporate Law |   1367 hits

Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, Clause 13(3) - Case Law

 14 September 2020

The High Court ultimately held that such an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..

Posted in Constitutional Law |   1105 hits

The petitioner was criminally intimidated for giving his property

 14 September 2020

Petition dismissed due to lack of evidence by petitioner...

Posted in Constitutional Law |   852 hits

The Court very well defined the provisions of Order 37, Rule 4 even with reference to Order 9

 12 September 2020

Before declaring the Judgment the Court very well explained the provisions of Order 37, even with reference to Order 9. The Supreme Court held that, though appellant has shown sufficient cause for his absence on the date of passing ex parte decree, s..

Posted in Constitutional Law |   847 hits