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Order XXI Rule 32 (1) CPC states that if a judgment debtor willfully disobeys a decree for specific performance, restitution of conjugal rights, or an injunction, the court may enforce the decree by: ...
One of the fundamental principles of Indian succession law is that a will is revocable and alterable at any time during the testator’s lifetime. This means that as long as the testator is alive and ...
While res judicata does not strictly apply, legal precedents set by the Supreme Court or High Courts must be followed by tax authorities. For example, the Court’s ruling that electromagnetic waves are ...
The Court also invoked the concept of constructive res judicata under Section 11 of the Civil Procedure Code (CPC), 1908. This means that not only issues actually decided, but also those that could ...
Relaxed Procedural Approach: While procedural laws are relevant, the Court held that strict technicalities—like res judicata—should not obstruct the resolution of grave matters of public interest. The ...
Mandatory injunctions are an extraordinary remedy in Indian law, granted only when strict criteria are met. Courts exercise great caution, ensuring that such injunctions are issued only to prevent ...
While adopted children cannot claim inheritance rights, biological parents can voluntarily leave property to their adopted ...
This checklist ensures compliance with the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically verify ...
Article 254 of the Constitution addresses inconsistencies between laws made by Parliament and State Legislatures, establishing the doctrine of repugnancy as a cornerstone of Indian federalism. The ...
There is considerable force in the argument of counsel for the State that in the facts of this case as well it should be held that the respondent having been seen last with the deceased, the burden ...
The ADM Jabalpur v. Shivkant Shukla case (1976), known as the Habeas Corpus case, is one of India's most controversial Supreme Court judgments.
One of the most important aspects of gift revocation is timing. The law provides a three-year limitation period for revocation based on fraud, coercion, misrepresentation, or undue influence. This ...