Legal Edge

Facts:  The plaintiff’s husband, late Profulla Kumar Raj was conducting a business under the name of 'Kumar Touring Talkies'. He obtained land under possessory mortgage from the Raja of Mandasa in 1957, and built a temporary cinema structure and erected a temporary pandal over it. For the purposes of exhibiting cinema shows, he purchased a cinema projector and a diesel oil engine. This equipment was embedded and installed in earth by construction of foundation. For the purpose of running the cinema shows, plaintiff’s husband, applied and got a license that was purely temporary for a period of one year from the concerned authorities. He allegedly entrusted the management of this business to his friend Bamadev Panigrahi (defendant), out of trust and confidence in him. However, the defendant colluded with the Rajah and obtained the mortgage in his name. Plaintiff’s husband issued a notice in May 1961, calling upon the defendant to render correct account of the management of the en...

  Shantabai v State of Bombay Fact: The petitioner's husband, Balirambhau Doye, was the Zamindar of Pandharpur. On April 26, 1948, he executed an unregistered document, that called itself a lease, in favour of his wife, the petitioner. The deed gives her the right to enter upon certain areas in the zamindari in order to cut and take out bamboos, fuel wood and teak. At the same time, she was prohibited from cutting teak plants that were under the height of one and a half feet, but the moment the teak trees reached that girth, they could be felled by her, but within 12 years. The term of the deed is from April 26, 1948, to December 26, 1960, and the consideration is Rs 26,000. The petitioner says that she worked the forests till 1950. In that year the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, which came into force on January 26, 1951, was enacted. Under Section 3 of that Act, all proprietary rights in the land vest in the State ...

Facts: A deed of conveyance dated 9-6-1994 was executed by a company named ICI India Ltd. in favour of M/s Duncans Industries Limited, wherein it agreed to transfer on an “as is where is” basis and “as a going concern” its fertilizers business of manufacturing, marketing, distribution and sale of urea fertilizer in favour of Ducans. The deed included sale of c omplete fertilizer business and included land and plant and machinery in the deed. While computation of Stamp Duty for registration at the registrar, the Registrar stated non-compliance of the Stamp Act because the valuation of plant and machinery was not taken into account (considered an immovable property) and asked the collector for proper valuation to be made and to collect the stamp duty and penalty payable on the registration  document. The Collector after inquiry levied a stamp duty of Rs 37 Crore and a penalty of Rs 30 lakh.  This order was challenged before the High Court in Civil Miscellaneous which came t...

Facts: The First and Second Petitioners who are Hindus married they both have two young children. One of whom is a subject matter of the current ongoing case, she has been with the petitioner since 4 years now. The couple who is surrendered their daughter for adoption after she was born in 2003, according to guidelines instructed by the court. A petition has been filed seeking a declaration that the Petitioners are the adoptive parents of the child with consequential rights, privileges and responsibilities under the law.   Issue: Whether a Hindu couple governed by the Hindu Adoptions and Maintenance Act, 1956, with a child of their own can adopt a child of the same gender under the provisions of the Juvenile Justice Act of 2000?   Ratio Decidendi: The Hindu Adoptions and Maintenance Act, 1956  was enacted by Parliament "to amend and codify the law relating to adoptions and maintenance among Hindus". Following sections are under consideration for the case, Section 4: gives...

Facts: Sometime in 1948, Mishri Bai, a crippled lady was married to Padam Singh and the marriage was solemnized according to customs of village, it was imperative for a virgin girl to get married. Evidence on record shows that Padam Singh had left Mishri Bai soon after the marriage and since then she was living with her parents. Seeing her plight, her parents had given her a piece of land measuring 32 acres out of their agricultural holdings for her maintenance. In 1970, Mishri Bai claims to have adopted appellant Brajendra Singh. Padma Singh died in the year 1974. The Sub-Divisional Officer, served a notice on Mishri Bai under indicating that her holding of agricultural land was more than the prescribed limit. Mishri Bai filed a reply and contended that Brajendra Singh is her adopted son and both of them constituted a Joint family and therefore are entitled to retain 54 acres of land.  The Sub Divisional officer disbelieved the claim of adoption on the ground that in the entr...

The Five Pillars are the core beliefs and practices of Islam: 1. Profession of Faith (shahada).  The belief that "There is no god but God, and Muhammad is the Messenger of God" is central to Islam. This phrase, written in Arabic, is often prominently featured in architecture and a range of objects, including the Qur'an, Islam's holy book of divine revelations. One becomes a Muslim by reciting this phrase with conviction. 2. Prayer (salat).  Muslims pray facing Mecca five times a day: at dawn, noon, mid-afternoon, sunset, and after dark. Prayer includes a recitation of the opening chapter (sura) of the Qur'an, and is sometimes performed on a small rug or mat used expressly for this purpose (see image 24). Muslims can pray individually at any location (fig. 1) or together in a mosque, where a leader in prayer (imam) guides the congregation. Men gather in the mosque for the noonday prayer on Friday; women are welcome but not obliged to participate. After the prayer, ...

  1.   On July 2nd, 1776, the Continental Congress voted in favor of independence, and two days later delegates from the 13 colonies adopted the  Declaration of Independence, a historic document drafted by Thomas Jefferson. 2. The vote for actual independence by the Continental Congress took place on   July 2nd , from then on 4th became the day that was celebrated as the birth of American independence. 3. The pamphlet ‘ Common Sense’   published by Thomas Paine advocated independence for the American colonies from Britain and is considered one of the most influential pamphlets in American history. The was originally published   anonymously 4.  In the pre-Revolutionary years, colonists had held annual celebrations of the king’s birthday during July. By contrast, during the summer of 1776 some colonists celebrated the birth of independence by holding  mock funerals   for King George III  as a way of  symbolising  the end of the m...

Facts: The couple got married on November 12, 1997 in accordance with Hindu religious rites and ceremony. According to the applicant wife, since the inception of marital life the respondent husband treated her with extreme cruelty. She was dropped at her parental home at Satara in the month of January, 1999 by her husband. Despite repeated assurances, the respondent did not come to fetch her back to her marital home. Subsequently, in April, 2007 the respondent expressed his desire to obtain divorce from the applicant and they settled for mutual divorce. Despite the decree of dissolution of marriage, the respondent continued to visit the applicant at her apartment and had marital relations as well. But, from September 2012, the respondent husband stopped visiting the applicant's house. Applicant wife claimed he made no provision for her maintenance and livelihood as she has no source of income.   The Respondent appeared and resisted the claim the applicant wife had opened a beauty p...

The parties were married at Jullundur City   according to Hindu Vedic rites on or about January 24, 1975. Two daughters were born out of the wedlock.     It is alleged that May 16, 1977 was the last day of cohabitation by the parties as respondent husband turned the appellant out of his house and withdrew himself from her society. On October 17, 1977, the wife appellant filed a suit against the husband-respondent herein under Section 9 of the Hindu Marriage Act, 1955 hereinafter referred to as the said Act for restitution of conjugal rights. A consent decree was passed by the court for RCR by the learned Sub-Judge First Class, but no cohabitation took place during the one year. The husband moved a motion for divorce on the ground that one year had passed from the date of the decree for restitution of conjugal rights, but no actual cohabitation had taken place between the parties. The learned Judge was of the view that in view of the provisions of Section 23 of the said Ac...

    Facts: The appellant, Bipin Chander Jaisinghbhai, and the respondent, Prabhawati, were married on April 20th, 1942. A son was born to them on September 10th, 1945. Mahendra, a friend of the family came to Bombay and started living with the family in their flat some time in 1946. On January 8th, 1947 the appellant left for England on business. The plaintiff returned to Bombay on May 20th, 1947. The appellant suspected an amorous relationship between his wife and Mahendra because of a letter written by the wife to Mahendra which were given to him by the appellant father. Moreover, there were anomalies in the routine as noticed by appellant created by respondent eg: Setting up bed for the respondent outside of room etc.  The respondent left the appellant’s house on May 24th, 1947 after stating the reason that she is going to her father’s house for a wedding but the respondent never came back to her matrimonial home. Later in November 1947, when the appellant’s mothe...