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Veritatis et quasi architecto.

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Voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur

Judgements

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Hindu Marriage Act, 1955; S. 13B ------ Out of marital dispute the wife filed case under section 406/498A IPC and also under the provisions of Protection of Women from Domestic Violence 2005 -----... Read More

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Code of Civil Procedure, 1908; O. 6 R. 17 ----- Amendment of plaint after a final decree is passed in a suit for partition ----- application for amendment of a mistake, said to be a clerical one, in... Read More

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Hindu Marriage Act, 1955; S. 13 ----- Whether during pendency of Divorce Suit the wife has right to reside at her husband’s residence ----- Wife has been residing at a rental accommodation... Read More

Order obtained by fraud (1993-10-27)

Practice and Procedure – Order obtained by fraud – Suppression of execution of two deeds before the Court – Held: Non-production and even non-mentioning of the release deed at the... Read More

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

Hindu Marriage Act, 1955; S. 13 – Validity of Divorce Decree passed by Foreign Court – Held: The present decree dissolving the marriage passed by the foreign court is without jurisdiction... Read More

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act), S. 3(1)(ix), 3(2)(vi) and 3(2)(vii) read with 18 ------ Whether there is an absolute bar to the... Read More

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Writ Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We direct and allow the Child Welfare Committee of District Lucknow to take over the cause of adoption of the child born to "A" on 26th October, 2015, who is presently in the care of Paediatrics Department of King George's Medical University, Lucknow. The Department shall handover the child as and when the doctors find that the child is medically fit to be handed over to the committee. The committee shall, thereafter, act in the manner provided in the judgment. The Member Secretary of the State Legal Services Authority in consultation with the amicus curiae shall supervise the process of adoption.

(2)As soon as "A" regains her mental balance and equilibrium, she will be allowed admission in a proper class in an appropriate school. The first and foremost preference should be given to any Kasturba Gandhi Girls' School. These are residential schools in which girls are allowed to stay and taken care of completely. They are given food, shelter, books, uniforms and matterial for recreation also. If "A" or her parents approach the authorities of Kasturba Gandhi Residential School of her choice, admission should be allowed to her. If an application is made to the Basic Shiksha Adhikari of the District it shall be his duty to ensure admission of "A" in one of the best run schools of Kasturba Gandhi Residential Schools of the District.

(3)If "A" chooses not to go to residential school then a Government Girls' Inter College of her choice will allow her admission without insisting on any entrance examination or the criteria of selection on merit basis. The State Government should ensure that education is provided free of costs to "A". She will be allowed full freeship of fees and other charges whatsoever.

(4)It shall be the duty of the Principal of the college concerned to ensure that the teachers of the college, staff and the students do not discriminate her in any manner. All possible mental, moral and psychological help should be given by the teachers to help her gain strength to face the challenges of life. The principal should also ensure that the past life of "A" is not propagated and she is treated as another normal student of the school.

(5)If "A" wants to continue her studies after 10+2 Standard (Intermediate), admission should be given to her in any government degree college with full free ship of fee. This will continue till graduation.

(6)In addition to payment of Rs.3,00,000/- as compensation under Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, the State Government shall make a fixed deposit of a sum of Rs.10,00,000/- (Rupees Ten lacs) in favour of "A" in any nationalized bank which will be given to her only when she reaches the age of 21 years. The District Magistrate of the District where the family of "A" chooses to live henceforth will ensure that bank account is opened in the name of "A" in any nationalized bank, chosen by her father. It is made clear that at the maturity of the aforesaid fixed deposit, only "A" will be entitled to get the money.

(7)Superintendent of Police of the District where "A" and her family choose to reside will ensure the safety, security and dignity of the family. No one from the society should be allowed to degrade, discriminate or excommunicate the victim or her family on the ground of unfortunate incident of rape.

(8)If "A" applies for any apprenticeship in any available scheme or in any vocational course of any Government department or any other instrumentality of the State, preference should be given to her in such matters.

(9)After attaining the age of majority, some suitable job be also provided to her according to her ability / qualifications. Such security of job is the surest way of bringing her up in the main stream once again. When occasion arises the petitioner shall have the liberty of moving an application to the Chief Secretary of the State to ensure that a suitable job is provided to her.

(10)The N.G.O.s or any other agency which wants to help the victim and her family in any manner, will be welcome to do so and earn the appreciation of this Court as well as of the society in general.

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of impotency is an act of cruelty to create a ground for divorce ----- Held: the unproved allegations of the wife that the husband was... Read More

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

Limitation Act, 1963; S. 6 and 8; Limitation Act, 1963; Art. 60 -- The starting point of limitation is the attaining of majority by the ward and the period of limitation is three years -- the... Read More

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property ----- The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him ----- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor ----- SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property ----- the “concept of power of attorney sales have been recognized as a mode of transaction” when dealing with transactions by way of SA/GPA/WILL are unwarranted and not justified, unintendedly misleading the general public into thinking that SA/GPA/WILL transactions are some kind of a recognized or accepted mode of transfer and that it can be a valid substitute for a sale deed.
Such decisions to the extent they recognize or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law ----- Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property ----- Held: We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the
developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such bonafide/genuine transactions.

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Judgements

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Order obtained by fraud (1993-10-27)

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

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Judgements

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Whether during pendency of Divorce Suit the wife has right to reside at her husbands residence (2008-07-18)

Order obtained by fraud (1993-10-27)

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law