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 […]
Tag: judgement
Adverse possession and Its Legal requirements to claim property in India
Definition of Adverse PossessionAn alternate word for adverse is unfriendly or hostile, but what does adverse possession mean? The concept of ‘adverse possession is not defined in the Limitation Act, 1963 because it is a negative and consequential right merely based on the negligence of the true owner. In this article, we will understand the […]
Limitation Period for Applying for Probate of a Will: an Analysis Based on Court Judgments
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 […]
Adverse Possession
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 […]
Parents Can Evict Abusive Children from Home: Delhi High Court (Judgement)
Right to live with dignity is not dependent on any age/income, and everyone including elders is equally entitled to the same irrespective of social
Section 377 verdict- Victory long-awaited
The world is changing for sure – Law is a reflection of what happens in Society and what is needed too. Therefore it will always change when society is transforming. One of the most striking examples of this has been the abolishing of major aspects of Section 377 of India Penal Code, a Colonial period […]
Daughters have equal shares in Ancestral Property,even though they were born before enactment of the Hindu Succession Act – A Judgement by Supreme Court
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 […]
Evicting a tenant on the basis of personal necessity
The landlord can now seek eviction on the ground of bona fide requirement of tenanted premises for the purposes of the business requirement of the son, daughter or any other member of the family dependant on him or her.The High Court has held in the case of Bhupinder Singh Bawa v. Asha Devi that there […]
When can a Consumer file a complaint?
The time period for filing a complaint for a consumer from the date of violation of a right is 2 years. The law in this regard is laid down in Sec24-A of Consumer protection act of 1986The Supreme Court however in this Landmark Judgement of National Insurance Company Ltd. Vs. Hindustan Safety Glass Works Ltd. has […]