Indian Penal Code, 1860; Section 107,306 – There must be either an instigation, or an engagement or intentional aid to ‘doing of a thing’. When we apply these three criteria to Section 306, it means that the accused must have encouraged the person to commit suicide or engaged in conspiracy with others to encourage the …
Revenue Records– Merely because the name of the plaintiff continued in the revenue records (Jama Bandis), it would not confer any title upon him. Revenue records (Jama Bandis) are only entries for the purpose of realising tax by the Municipal Corporations or land revenue by Gram Sabhas. (Para 27) Limitation – When the suit is …
Summary: marriage has failed completely and there is no possibility of parties living together and thus the continuation of further legal relationship is unjustified- decree of divorce on account of irretrievable breakdown of marriage. As both the parties are professionally qualified medical doctors and have sufficient and equal earnings, permanent alimony not awarded.
Transfer Of Property Act, 1882; Section 41 – A plain reading of the above provision clearly requires the consent, be it express or implied, of the persons interested in the immovable property -Further the proviso to section 41 of the TP Act requires that the transferees to take reasonable care in ascertaining that the transferor …
Duni Chand vs Vikram Singh 2024 INSC 516 – S 41 TP Act Read More »
Civil Suit -Suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action. There being different consideration for adjudication in our opinion, second suit filed by the respondent claiming damages for use and occupation of the premises was maintainable- The case in hand stands on …
Uniworld Logistics Pvt. Ltd. vs Indev Logistics Pvt. Ltd 2024 INSC 515- Civil Suit Read More »
RTI Act,2006- The CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints. The principle of non-interference is crucial for maintaining the integrity and efficacy of the CIC. Allowing the Commission to function autonomously ensures that it can fulfil its role in promoting transparency and accountability, …
Central Information Commission vs DDA 2024 INSC 513 – RTI Act Read More »
PMLA ; Section 19– The following questions of law referred for consideration by a larger Bench: (a) Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed in terms of Section 19(1) of the PML Act? (b) Whether the “need and necessity to arrest” refers to the …
Transfer of Property Act,1881; Section 52– The doctrine of lis pendens as provided under Section 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of the parties to the pending litigation and subject to any direction …
Land Acquisition Act,1894- Sale exemplars reflecting the prices paid by a willing buyer to a willing seller would be the most relevant piece of evidence for determination of such value.3 25. However, for utilizing these sale deeds as the foundation for determining compensation, it is imperative that these sale instances satisfy certain criteria of comparability. …
Land Acquisition Act, 1894; Section 5A- A “person interested” under Section 5A(1), can seek annulment of the acquisition process if no opportunity to file objections, is accorded. However, such person cannot seek hearing as a statutory right unless has lodged the objections. (Para 22) Land Acquisition Act, 1894; Section 4- Notification issued under Section 4 …
New Okhla Industrial Development Authority vs Darshan Lal Bohra 2024 INSC 508 Read More »