Fair Law Practitioners

Only on the lighter side.

1. When there is a mistake in agreement to sell, the plaintiff can request the court to rectify the mistake and there after decree the suit for specific performance.

2. Two separate suits - one for rectification and there after another suit for specific performance, not required.

2021 (144) ALR 250 Decon paper Mills Vs Regency

UAE Sheikh Mohd Bin Sultan Jayed: Modi is welcome Ed with a different display of vibes & current. His personal chemistry is unique & unmatched.

Difference between appeal and revision.

In appeal relief is granted if impugned order is proved to be wrong.

But in revision the court sees if substantial justice has been done between the parties.

In revision the order shall not be disturbed for legal infirmities if substantial justice has been done.

The only basic difference between an appeal and a revision is that in case of an appeal the appellant is entitled to a relief if he succeeds in establishing that the order of the subordinate Court or authority was unsound contrary to law.

In case of a revision that Court has discretion to refuse the relief if, for example, in its opinion substantial justice had been done between the parties although the order sought to be revised suffered from infirmities of procedure and law which could justify an interference by the revising Court

Sudarshan and Ors. vs. Chief Revenue Officer and Ors. (20.09.2021 - ALLHC) :

MANU/UP/1960/2021 :
2022 154 RD43

Factum of adoption to be proved even if there is a registered adoption deed.

Registration of Adoption Deed Doesn't Absolve Party to Prove Fact of Adoption

Mere registration of an Adoption Deed does not absolve the person asserting such adoption from proving that fact by cogent evidence and the person contesting it from adducing evidence to the contrary.

Supreme Court

कुछ लोग कुछ और लोगों के साथ रहकर भी अकेले है, कर्मों के कारण।

This is the parental role & mould from cricket ground to ISRO.

Ownership imports three essential rights namely

(i) right to possession

(ii) right to enjoy, and

(iii) right to dispose.

Kochkunja Rair v. Koshy Alexander and Ors.
III. 1999 S.L.T. 183
SC

DV Act Section 25.

Husband is entitled to approach the Magistrate Court for alteration, modification or revocation of the order passed on the ground that there is a change in circumstances.

Section
25 of DV Act itself contains the provision.

" 25 . Duration and alteration of orders-

(1)x x x

(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate."

Where both the spouses are earning equally, interim maintenance cannot be granted.

Provision for interim maintenance has been made only to help either spouse to sail through the litigation expenses, has held that where both the spouses are equally qualified and earning equally, interim maintenance under Section 24 of HMA cannot be granted.

Delhi High Court

Day of Judgment : Dissection by Col Atul Tyagi, Advocate

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For medical interns without stipends, the SC has termed it as equivalent to bonded labour.

Supreme Court is embarked upon delivering a long awaited decision on the issue of marriage between same s*x marriage at 10 AM today.

Medical negligence.

In cases of medical negligence, courts must refer the matter to a competent doctor or a specialized committee

In Jacob Mathew v. State of Punjab MANU/SC/0457/2005 : [2005] Supp 2 SCR 307 : (2005) 6 SCC 1 and Martin F D'Souza v. Mohd Ishfaq (hereafter, "Martin F. D'Souza") MANU/SC/0225/2009 : [2009] 3 SCR 273 : (2009) 3 SCC 1 it has been held that in cases of medical negligence, courts must refer the matter to a competent doctor or a specialized committee in the relevant field and only on the recommendation of such expert giving prima facie finding of medical negligence that doctor should be summoned.

Relief in
Ashish Kumar Chauhan vs. Commanding Officer and Ors. (26.09.2023 - SC) : MANU/SC/1057/2023

यदि प्रथागत अधिकार का अस्तित्व स्थापित हो तो प्रथागत तलाक के माध्यम से हिंदू विवाह को समाप्त किया जा सकता है: सुप्रीम कोर्ट