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Tag Archives: Legal Shorts

Legal Shorts: SC: Submission of body under fear of terror does not amount to “Consent”.

“Consent”, Ss.375 & 376 IPC. – Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was …

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Legal Shorts; SC: Joint family property – Property fraudulently sold to joint family by guardian of minor

Burden to prove properties that constitute joint family property, held, lies on person seeking partition. In a suit for partition of joint family property, if a third person’s property is included in schedule of partition suit on basis of scale of his property in favour of members of joint family …

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Legal Shorts; SC: S.498-A, IPC – Prosecution under – Need for restraint – Duty of Bar and Bench.

Social responsibility and obligation to maintain social fibre of family life – Genuine cases of dowry harassment matter of serious concern but exaggerated version of small incidents should not be reflected in the criminal complaints – Allegations to be scrutinized with great care and circumspection, especially against husband’s relatives who …

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Legal Shorts; SC: Mohammedan Law – Minor represented by his brother as de facto guardian, Family Settlement Deed can’t be enforced against minor.

_Deed held void – Transfer of Property Act, 1882, Ss. 7 and 8._ _Under the Mohammedan Law a person who has charge of the person or property of a minor without being his legal guardian, and who may, therefore, be conveniently called a “de facto guardian”, has no power to …

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Legal Shorts; SC: Living together, no proof of marriage – Presumption of – such children legitimate & entitled to Succession.

P and S living together for long years as husband and wife – In such circumstances, even in absence of proof, held, a rebuttable presumption of valid marriage between them would arise – In view of non- rebuttal of the presumption, S held wife of P and their son, held, …

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