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29 May 2025

Posted by: Manas shrivastava

Bellamy v. Sabine: The doctrine of Lis Pendens

This case stands as a landmark decision in Indian property law, primarily because it laid down the foundational interpretation of the Doctrine of Lis Pendens, as incorporated in Section 52 of the Transfer of Property Act, 1882 (TOPA). Justice Turner, in his influential judgment, articulated the principle that during the pendency of a legal dispute concerning immovable property, any attempt to transfer such property could adversely affect the administration of justice and the ultimate rights of the parties involved. In....

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29 May 2025

Posted by: Manas shrivastava

Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra (1976)

The case revolves around the interpretation of Section 123(3) and (3A) of the Representation of the People Act, 1951 (RPA), which prohibit certain types of electoral appeals. The appellant, Ziyauddin Bukhari, a candidate in a legislative assembly election, was accused of appealing to voters on religious grounds during his campaign, which was challenged as a corrupt electoral practice under the Act. The challenge came from Brijmohan Ramdass Mehra, another candidate, who alleged that Bukhari had made speeches invoking religious sentiments....

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29 May 2025

Posted by: Manas shrivastava

P. Gopalkrishnan v. State of Kerala and Others (2019)

The case arose from a criminal proceeding involving the accused, P. Gopalkrishnan (Appellant), who was charged under various sections of the IPC and IT Act, including charges of rape and conspiracy. The prosecution's key evidence was a video clip stored on a memory card, allegedly recording the incident of sexual assault. This footage was copied onto a pen drive by the Forensic Science Laboratory (FSL) and submitted with the charge sheet. The appellant sought a cloned copy of the memory....

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29 May 2025

Posted by: Manas shrivastava

M.C. Mehta & Anr. vs Union of India & Ors : The Oleum gas leak case (1986)

The Oleum gas leak happened at Shriram Food and Fertiliser Industries, a branch of Delhi Cloth Mills Ltd., in the crowded area of Kirti Nagar, Delhi. The gas leak caused serious harm to people living nearby. In response, a lawyer named M.C. Mehta filed a writ petition in the Supreme Court on December 4 and 6, 1985, under Articles 21 and 32 of the Constitution. He asked the Court to shut down the Shriram Caustic Chlorine and Sulphuric Acid Plant....

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29 May 2025

Posted by: Manas shrivastava

Ashby v White

In the case of Ashby v White, Mr. Ashby, a qualified voter, was stopped from voting in an election by Mr. White, a local constable, who wrongly claimed that Ashby was not eligible. Ashby believed this was a violation of his basic right to vote and took legal action. The case became very well-known and was even discussed in Parliament. It raised important questions about whether someone could sue a public officer in common law for being unfairly denied the....

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24 May 2025

Posted by: Manas shrivastava

Danial Latifi v. Union of India (2001) 7 SCC 740

Shah Bano, a 62-year-old woman from Madhya Pradesh, was divorced by her husband in 1978. After the divorce, she filed a case seeking maintenance under Section 125 of the Code of Criminal Procedure (CrPC), which allows a person unable to maintain themselves to claim support. The Supreme Court ruled in her favor and held that she was entitled to maintenance, even though she was a Muslim woman. This judgment recognized the rights of Muslim women to claim alimony under general....

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23 May 2025

Posted by: Manas shrivastava

Donoghue v. Stevenson (1932)

In August 1928, Mrs. Donoghue went to a café in Paisley, Scotland, with a friend. Her friend bought her a bottle of ginger beer along with some ice cream. The bottle was made of dark glass, so they couldn’t see what was inside. The café staff opened the bottle and poured some of the ginger beer over the ice cream, which Mrs. Donoghue ate. Later, when the rest of the ginger beer was poured into a glass, a dead and....

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21 May 2025

Posted by: Manas shrivastava

Girjesh Dutt v. Datadin AIR 1934 OUDH 35

The case of Girjesh Dutt v. Datadin is an important judgment under Indian property law, especially related to the rules about transferring property to unborn persons. In this case, a woman (A) gifted her property to her nephew’s daughter (B). According to the terms of the gift, after B, the property was supposed to go to any male descendant of B. If there were no male descendants, it would then go to B’s daughter, and if that too failed, it....

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20 May 2025

Posted by: Manas shrivastava

Mahboob Shah V Emperor AIR 1945 PC 118

On August 24, 1943, a group led by Allahabad went to the banks of the Indus River to collect reeds, despite being warned by Mohammad Hussain Shah, the father of Wali Shah, that the land belonged to him. While returning, they were stopped by Ghulam Shah, who demanded the reeds back. When the group refused, a fight broke out during which Allahabad hit Ghulam with a bamboo stick. Ghulam called out for help, and in response, Mahboob Shah and Wali....

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20 May 2025

Posted by: Manas shrivastava

Daryao v. State of UP, AIR 1961 SC 1457

The case deals with a piece of land that the petitioners and their ancestors had taken on lease and were residing in. According to the details mentioned in the petition, the respondents have claimed ownership of this land for the past fifty years, as supported by an annexure attached to the petition. In July 1947, due to communal violence in the western part of Uttar Pradesh, the petitioners temporarily left their village. When they returned in November 1947, they found....

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