t is settled position in law, having regard to the various decisions of this Court that the words "religious denomination" take their colour from the word `religion'. The expression "religious denomination" must satisfy three requirements – (1) it mu..
once a written settlement is arrived at during the conciliation proceedings such settlement under Section 12(3) has a binding effect not only on the signatories to the settlement but also on all parties to the industrial dispute which would cover the..
State of Madras and Another [(1981) 1 SCC 445] referring to the very provisions of the Act has held that so far as Tamil Nadu is concerned there is initial presumption that a temple is a public one, it being up to the party, who claims that it is a p..
MARRIAGE IS VOID U/S 11 OF HINDU MARRIAGE ACT IF SPOUSE IS LIVING...
All marriages shall be compulsorily registered. ..
Ordinarily, the rights and obligations of the parties are to be worked out with reference to the date of institution of the suit. See Jindal [2006(8)SCALE668] Determination in regard to maintainability of the suit, it is trite, must be made with refe..
It is now well settled that an application for grant of probate is a proceeding in rem. A probate when granted not only binds all the parties before the Court but also binds all other persons in all proceedings arising out of the Will or claims under..
When the parents of a child want to give it away in adoption or the child is abandoned and it is considered necessary in the interest of the child 796 to give it in adoption, every effort must be made first to find adoptive parents for it within the ..
When the parents of a child want to give it away in adoption or the child is abandoned and it is considered necessary in the interest of the child 796 to give it in adoption, every effort must be made first to find adoptive parents for it within the ..
Section 17(1)(b) of the Registration Act, 1908 clear- ly provides that a document, where any right in movable property is either assigned or extinguished, will require registration. [148D] In the instant case, that part of the deed which refers to cr..
remarriage of the mother cannot be taken as a ground for not granting the custody of the child to the mother. The paramount consideration should be given to the welfare of the child..
As per the said Government Order, reciting Devaram and Thiruvasagam inside the temple is a valuable right of devotees.As has been held by the Supreme Court in various judgments that the administration and maintenance of the temple is purely a secular..
We do not agree with the view propounded in the decided cases referred to by Mulla and Dr Tahir Mahmood in their respective commentaries, wherein a mere plea of previous talaq taken in the written statement, though unsubstantiated, has been accepted ..
The Family Courts Act was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. From a ..
if the patient been conscious, and informed about the need for the additional procedure, the patient might have agreed to it. It may be that the additional procedure is beneficial and in the interests of the patient. It may be that postponement of th..
INORDINATE DELAY LOOSE FAITH IN JUDICIARY...
At the time of framing charges, the trial court is required to consider only the material produced by the prosecution alongwith its charge sheet and/or upplementary charge sheet. It is not even to look at the documents which the accused may produce i..
Even proof that the mother committed adultery with any number of men will not of itself suffice for proving the illegitimacy of the child ..
Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father.” ..
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