IntroductionIn the month of December 2020, a Judgement was passed by a 3-Judge Bench of the Hon’ble Supreme Court in the matter of Vidya Drolia & Ors. V. Durga Trading Corporation, which has put rest to the controversies that have been revolving around the concept of Arbitration Law Jurisprudence ever since the Act of 1996 […]
The case titled V. T Vijayan Vs U.Kuttuppan NairIntroductionIn the landmark judgment (Case titled as V. T Vijayan Vs U.Kuttuppan Nair), the Kerala High Court gave its specific observation stating that Sale Agreement Executed during the Pendency of the Suit is hit by ‘Lis Pendens’.The doctrine of Lis PendensThe doctrine of Lis Pendens: In simple words, […]
A fundamental principle of any progressive and modern society is the equality of sexes. The landmark judgement of the honourable Supreme Court for equal inheritance rights for the daughters is a highly welcomed change in the judicial system of India which will finally rectify the discriminatory practice and uphold the fundamental right-Equality for all!Landmark judgement-Final […]
In a recent case the High Court of Calcutta has examined the question of limitation for applying for probate of a Will and has delivered a judgement on 11.06.2020.As per the facts of the case, the testator died on 13th June 1993. He had made and signed a Will on 16th April 1989.The application for […]
In a recent decision on 7th August, 2019, the Honourable Supreme court of India has passed a judgement wherein it has been held that adverse possession has roots in a principle that awards ownership of a land to a person who makes the best or highest use of land.It means that if a person who […]
The Supreme Court has ruled that daughters born before the enactment of the Hindu Succession Act of 1956 are entitled to equal shares as the son in ancestral property. The verdict was issued in an appeal filed by daughters who challenged a decree in a partition suit that excluded them from the partition.The Partition suit […]
Atul Kinra, husband of the complainant, entered into a contract for the purchase of a plot measuring 300 sq. yards with the Respondent and paid a substantial amount for it. However, later the Respondents have failed to transfer the said plot provisionally allotted another plot and Atul Kinra paid Rs. 38,77854 of Rs. 40,50,354 and […]
When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired.However little is it known that the position with respect to the matter pertinent is very much clear.Indeed, […]
If you die intestate (without leaving a WILL document), The Natural law of succession will prevail The Court in present case once again had to decide between Morality and Law and settled that law prevails. The matter before the court was in relation to Relinquishment of Succession Right when Heirs have separated themselves from Deceased […]