Misconduct itself is a sufficiently wide expression; it is not necessary for instance that it should involve moral turpitude.The court has a right to expect a higher standard of loyalty to the court under co-operation from those who practice profession of law.Any conduct, which in any way, renders a man …Read More »
“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 …Read More »
Deceased wife’s annoyance due to a relative’s children being looked after in the husband’s home, held does not amount to her being treated cruelly or being harassed . Case: Lella Srinivasa Rao Vs. State of A.P. Citation: (2004) 9 SCC 713 : 2004 SCC (Cri) 1479 : AIR 2004 SC …Read More »
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 …Read More »
A widow would be considered an ostensible successor to her husband unless it be known that her husband was a member of a joint Hindu family and the property over which mutation was to be made was joint family property. Case: Bharat Singh Vs. Bhagirathi. Citation: (1966) 1 SCR 606: …Read More »
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 …Read More »
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 …Read More »
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, …Read More »