Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
property
Disruption of the Mitakshara Coparcenary | Vineeta Sharma v. Rakesh Sharma: A case comment
by Aparna N.*and Nayana Tara BG**
Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property? SC decides
Supreme Court: Holding that caretaker/servant can never acquire interest in the property irrespective of his long possession, Bench of Ajay Rastogi and
J&K and Ladakh HC | Husband is not a stranger; has every right to protect property of his wife; HC dismisses petition challenging husband’s locus standi
Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., dismissed the petition seeking quashment of the criminal challan for the offences
Explained| How to know if a document is a mortgage or a conditional sale?
Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is
Chh HC | When can a property be said to be “possessed” by a Hindu female as provided in S. 14(1) of Hindu Succession Act? Court answers
Chhattisgarh High Court: Sanjay K Agrawal, J., dismissed the second appeal and held that the first appellate Court is absolutely justified in
Madras HC | Sons turning turtle after giving undertaking to vacate their father’s premises is Contempt of Court: Read synopsis of Court’s opinion
Madras High Court: The Division Bench of P.N. Prakash and R. Pongiappan, JJ., addressed a contempt petition filed under Section 10 of
Del HC | ‘Permanency’ as an element of ‘Shared Household’ concept under Domestic Violence Act: Can old-aged parents-in-law be restrained from selling their house in light of shared household consequences? Read Court’s proposition
Delhi High Court: Suresh Kumar Kait, J., dealt with the provisions in regard to the concept of the shared household while referring
Chh HC | Whether ‘bank account’ can be held to be `property’ within the meaning of S. 102(1) CrPC? HC explains
Chhattisgarh High Court: Rajendra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such that
Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains
Bombay High Court: R.D. Dhanuka, J., held that relinquishment of properties held by the legal heirs of a person whose properties were
Madras HC | Does buyer’s knowledge about dispute in title of subject property, will make him liable for offence of cheating, forgery and making false document? HC answers
Madras High Court: N. Anand Venkatesh, J., while addressing a matter expressed that: “…a transaction hit by lis pendens would not result
Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973
“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”
MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC
Madhya Pradesh High Court: Rohit Arya, J., dismissed a revision petition which was filed after the dismissal of Petitioner’s application under Order
MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains
Madhya Pradesh High Court: G.S. Ahluwalia, J., disposed of a writ petition setting aside the orders passed by the Board of Revenue
SCOTUS | Claims of Artwork by the heirs of Jewish Art dealers rejected. Why? Read discussion on Whether a country’s alleged taking of property from its own nationals fall within exception of Foreign Sovereign Immunities Act
Supreme Court of the United States: Roberts, CJ., while addressing a matter with regard to artworks obtained by Nazis from Jewish art
Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542
Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,
Del HC | ‘Dragging his feet only to harass’: Court quashes FIR in light of settlement deed arrived at before Delhi High Court Mediation and Conciliation Centre
Delhi High Court: Mukta Gupta, J., quashed an FIR on noticing that the matter was being dragged only with the purpose of
NCDRC | A person purchasing a constructed real estate property “with eyes wide open”, Can he subsequently claim benefits offered in the original brochure?
National Consumer Disputes Redressal Commission (NCDRC): Anup Thakur (Presiding Member), held that a person who purchases a fully constructed real estate property (a
Daughters: The New Equals?
by Niyati Karia and Urvi Jinsiwale*