Author: Advocate Raji Nathani

Ss.  302 and 364 – Kidnapping and murder – conviction based on circumstantial evidence –In the facts and circumstances of the case, more particularly, the mental condition of the accused…

Adoption, maintenance and financial provision Adoption and property rights – Terms like “agnate”,”full blood” “half blood” and uterine blood”, “heir”, “related” discussed. In view of the provisions of the Act…

Ss. 241(2),337 and 339 clarified. Held that the powers under these sections cannot possibly be utilized in order that a person who may be the head of some other organization…

38: The cause for the suit was stated to be the obstruction caused by defendants when plaintiff was in the process of constructing a wall on the eastern side. In…

Meaning of “Fidelity insurance” para 11 (2020) 4 SCC 674 – Oriental Insurance Company Limited v National Bulk Handling Corporation Private Limited   “Fraternity” and “bandhutva” paras 15 to 24…

Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption…

Ss. 166 and 168– Principles summarized for Just compensation on Permanent total disability –- Principles for determination of just compensation contemplated under MV Act are well settled. Apart from injury,…

153-C – Applicability of the section- Modalities to be complied with by assessing officer under two different scenerios clarified and held that Since Assessing officer (AO) of the assessee and…

Ss. 35,74 and 76 – proof of age – School leaving certificate / transfer certificate, certified copy required. Self-governing statement is insufficient in the absence of examination of the official…

Protection of women from Domestic Violence Act,2005-Ss. 18 and 20, the court has to be prima facie satisfied that there have been instances of Domestic Violence– there are no specific…