Indian Law, Lestest in Law Blogs and Advocate Diary Notifications
Transfer of Property Act–Section 58 (c)–Mortgage by conditional sale–A transaction shall not be deemed to be a mortgage unless condition for reconveyance is contained in document which purports to effect the sale. — Distinction between mortgage by conditional sale and a sale with a condition of repurchase–In a mortgage, debt subsists and a right to redeem remains with debtor, but a sale with Read More…
Agreement to Sell–Agricultural Land–Khasra, Khewat and Khatauni numbers not mentioned in agreement–Plea of defendant that agreement to sell is a fake document, as identity of land not established–Held, property can be identified either by its boundaries or by any other specific description–Even in absence of any site plan, identity of property stands fully established on basis of its boundariRead More…
MACT–Sec.163A–Amendment in petition to reduce income of deceased from Rs.4000 per month to Rs.3000 per month–Application for amendment allowed. — Motor Vehicles Act–Section 163-A–While filing petition, claimants claimed that deceased was earning more than Rs.4,000 per month–During pendency of petition, upon realizing that petition u/s 163-A M.V Act is maintainable only for persons who are hRead More…
Rent Law–Personal Necessity–A landlord who is already running a business with his father, cannot be denied eviction of tenanted premises on ground that his intent to set up his own separate business is not bonafide. — East Punjab Urban Rent Restriction Act–Section 13(5)–Plea of tenant that landlord is having well established business in adjoining premises which he is running alongwith his fatRead More…
Dishonour of Cheque–Sections 138, 148 N.I Act–Appeal against conviction–Suspension of Sentence–Deposit of minimum 20% of compensation amount awarded by trial Court is not an absolute rule–In exceptional cases, suspension of sentence can be granted without imposing condition of deposit of 20% of fine/compensation amount. — Section 389 CrPC–Normally while accused applies for suspension of senRead More…
Section 125 CrPC–Affidavits of disclosure of assets and liabilities–Trial Court granted interim maintenance without calling for affidavits of disclosure of assets and liabilities as per directions of Hon’ble Supreme Court–Matter remanded back. — In case titled “Rajnesh vs Neha and Another”, Hon’ble Supreme Court issued directions that affidavit of disclosure of assets and liabilities shall be Read More…
समय सीमा तय करने से बचें अदालतें सुप्रीम कोर्ट
नई दिल्ली, विशेष संवाददाता। सुप्रीम कोर्ट ने कहा है कि ‘संवैधानिक अदालत को मामले के निपटारे की समय सीमा तRead More…
श्रम अदालत का फैसला डीटीसी ने नहीं माना पीठ ने कहा, श्रम अदालत ने 31 मई 2003 को ही कंडक्टर को क्लीनचिट देते हुए दोबारा नौकरी पर रखने, पूर्व बकाया देने व नौकरRead More…
The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for.
A bench of Justice AS Bopanna and Justice PS Narasimha was dealing with an appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) in which it was held that there was a delay in delivering the consignment of the complainant anRead More…
ट्रैवल एजेंट के वादे पूरे करने को एयरलाइंस बाध्य क्या था मामला शीर्ष अदालत ने बताया कि एयरलाइंस ने तय समय के बजाए देरी से सामान पहुंचाया। ऐसे में वह अपRead More…
What to do when you are arrested? When a person does anything which is against the law, he/she may get arrested. In general sense, “arrest” means fear or restraint or deprivation of one’s personal liberty. Chapter V, Section 41-60 of criminal procedure code, 1973 deals with Arrest of a person. The purpose of arresting an alleged offender is to ensure that he does not tamper the evidenRead More…
Xyz vs The State Of Gujarat on 21 August, 2023 Supreme Court, SLP (Crl.) Dy. No. 33790/2023In Indian society, within the institution of marriage, generally pregnancy is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends.By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/Read More…
Terming as “sensitive” the issue of right to have a ‘living will’ to refuse life support in the last days of an ailing person, the Supreme Court on Monday said the issue should be decided by the government. The apex court declined to give any direction on the issue and said it was for the government to take a call, as it asked a group of four persons, including a Mumbai-based lawyer and tRead More…
Sction 25 of Hindu Marriage Act Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such groRead More…
What is bail? In general terms, bail means the temporary release of a suspect in any criminal offence who is awaiting court trial after paying the bail bond. It becomes applicable after arrest and becomes effective from the moment of the arrest. An offence is any act or omission made punishable by law for the time being in force. When a suspect is arrested, his statement is taken on record andRead More…