Mohd. Ahmed khan v. Shah bano begum AIR 1985 SC 945 BENCH Justice Y. V. Chandrachud, Rangath Misra, Justice D. A. Desai, Justice O. Chinnappa Reddy, Justice E. S. Venkataramiah FACTS In 1972, Shah Bano, a Muslim woman, was married to Mohammed Ahmad Khan, an affluent and well-known advocate in Indore, Madhya Pradesh, and had five children from the wedlock. After 14 years, Ahmad Khan took a younger woman as second wife and after years of living with both wives,....
Read MoreAIR 1997 SC 610 Custody means restricting anyone's freedom of movement. The fundamental right to move freely can be taken by the procedure established by law. In India, the person's fundamental right to move can be restricted legally either by the way of judicial or police custody. The object behind either of custody is to prevent the person so taken into the custody from further committing an offence or tampering of evidences or threatening of the witnesses etc. The prima....
Read MoreAIR 1973 SC 1461 Background of the Case The events which are leading to Kesavananda Bharti's case dates back to 1951. Soon after the enforcement of the Constitution, the question was prevalent regarding the extent of amending powers of the Constitution. The prominent question in all the following cases was that whether fundamental rights are amendable and whether the word 'law' under Article 13 includes the amending law. For the first time, the said question was raised in the case....
Read MoreDR. HARISH KUMAR KHURANA vs. JOGINDER SINGH AND ORS. 2021 Medical Negligence is basically the combination of two words i.e. medical and negligence. Negligence means absence of due care and caution; when the medical practitioner fails to exercise due care and caution it is called medical negligence. Medical negligence is primarily an offence under Consumer Protection Act and Indian Penal Code. Under the Consumer Protection Act, the doctor is considered as the expert in his field and patients are his....
Read MoreMOHORI BIBEE Vs. DHARMODAS GHOSE ILR (1903) 30 CAL 539 (PC) The Section 2(h) of the Indian Contract Act, 1872 defines contracts as an agreement enforceable by law. The contracts cannot be entered into by any person; the competency regarding the same has been laid down under Section 11 of the Act. The Section 11 of the Indian Contract Act, 1872 states that the person of age of majority, sound mind and not disqualified by law are competent to contract.....
Read MoreREVOLUTIONARY STEP OF KERALA HIGH COURT: MARITAL RAPE A GROUND FOR DIVORCE In India, law doesn't recognise marital rape. Marital rape means a forceful intercourse with the spouse. The Indian Penal Code penalises rape but it fails to recognise non-consensual sex within marriage. However, the Supreme Court of India in the case of Independent Thought v. Union of India 2017 partially penalised marital rape by deciding that forceful sexual intercourse with a wife between the 15years of age to 18years....
Read MoreCARLIL Vs. CARBOLIC SMOKE BALL COMPANY (1893) 1 Q.B. 256 In our day to day lives most of the relationships are governed by the agreements. The agreements which are enforceable by law are contracts. However, to constitute any agreement the foremost requirement is the offer and its acceptance. The offer is constituted when there is a proposal by one i.e. the willingness to do or abstain to do something with an intention of obtaining assent of the other party. Although,....
Read MoreREG V. GOVINDA In India the criminal law is governed by the Indian Penal Code, 1860. The Chapter 16 of the Code deals with "Offences Affecting the Human Body." The most important provision of the Chapter is Section 299 and Section 300. The former defines culpable homicide while the latter defines murder. The language of these provisions suggests that there is no difference between Section 299 and Section 300. The similarity of the language of these provisions is the reason....
Read MoreDONOGHUE VS. STEVENSON Negligence in layman's terms means carelessness or absence of duty of care. However, the legal meaning of the term negligence means 'absence of reasonable duty of care.' Legally, negligence is of two types i.e. civil and criminal; the differentiating factor between the two is the gravity of absence of care and mens rea. The concept of 'reasonability' of the duty of care has been laid down by the House of Lords in 1932....
Read MoreARJUN PANDIT RAO KHOTKAR vs. KAILASH KUSHANRAO GORANTYAL & Ors. [civil appl no. 20825-20826 of 2017] DATE OF THE VERDICT- July 14th, 2020 BENCH- R F Nariman, S. R. Bhat, V. Ramasubhramaniam. BACKGROUND OF THE CASE- the decision was given in this amidst of conflicting decisions pronounced by the SC previously, regarding admissibility of electronic evidence. In the present case two petitions were filed against the election of the appellant to the Maharashtra legislative assembly elections. One petition was filed....
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