Baidnath Mahto v. Jadu Mahto @ Jadunandan Mahato , 2004 PLRonline 90001 (Jhar.)
Jharkhand High Court Bench: V Narayan Baidnath Mahto v. Jadu Mahto @ Jadunandan Mahato 29 April, 2004 JUDGMENT Vishnudeo Narayan,...
M. Venkata Mani Kanthu v. Unknown , 2005 PLRonline 0005 (Andh.)
Andhra High Court Bench: D Varma, G Rohini M. Venkata Mani Kanthu v. Unknown 10 August, 2005 JUDGMENT S.R. Varma,...
Hindu Law – Joint Family Property – Alienation of – Where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained
Hindu Law – Joint Family Property – Alienation of – Challenge as to – Where an alienation is not made...
Hindu Law – Gift – Joint Family Property – ‘pious purpose’ – A deed of gift in regard to the ancestral property executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’
Hindu Law – Gift – Joint Family Property – ‘pious purpose’ - A deed of gift in regard to the...
CrPC S. 436, 436A – Bail – Grant or denial of – Conditions to be considered
CrPC S. 436, 436A - Bail - Grant or denial of - Conditions to be considered - There is no...
Insurance – Exclusion clause – War clause – Opposite Party did not file any evidence to substantiate the allegation that the Complainant was aware of the fact that civil war in Yemen had begun at time of shipment – Claim payable.
Insurance - Exclusion clause - 6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile...
CPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.
Civil Procedure Code, 1908 (V of 1908) Order 8 Rule 1 - Provisions are no doubt are directory in nature,...
Minakshi Gaur v. Chitranjan Gaur , 2008 PLRonline 0103
CrPC S. 125 - Order dismissing the petition under Section 125 on the sole ground that the wife was a...
Education – Admission granted under interim orders – Course completed – Writ dismissed – High court had no powers to grant relied – SC under Art. 142 declared petitioner had successfully completed course.
Education - Under the interim orders passed by the High Court, her candidature was directed to be considered and...
COI Art. 21 – Right to health is an integral part of the right to life under Article 21 of the Constitution – Without health, the faculties of living have little meaning and Court would be justified in taking recourse to the coercive arm of law
Constitution of India, 1950 Art. 21 - The right to health is an integral part of the right to life...
HMA S.13-B(2) – Stipulation of six months’ period indicated in Sub-section (2) of Section 13-B of the Act dispensed with .
Hindu Marriage Act, 1955 - S.13-B, S.13-B(2) - Though settlement agreement has been arrived at between the parties for seeking...
Ad hoc employee – An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed.
Service Law – Appointment – Ad hoc employee - An ad hoc employee cannot be replaced by another ad hoc...
CrPC S. 82 – Proclaimed Offender – On appearance, the concerned court shall release the petitioner on bail on the same day
Criminal Procedure Code, 1973, S. 82, 482 - Accused could not be served through the ordinary process, including summons, bailable...
CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable
Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once...
Sarfaesi S. 14 – It is not open to the secured creditor to directly take physical possession of the property by dispensing with the requirement of obtaining the orders by the District Magistrate – Auction – Valuation – Sale set aside.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 14 – It...
