27 January 2020

SUPREME COURT OF INDIA VELAMURI VENKATA SIVAPRASAD ... VS. KOTHURI VENKATESWARLU (DEAD) BY ... DATED : 24.11.1999 Summarised Judgement (Scroll for Complete Judgement) Introduction : The Judgment of the Court was delivered by BANERJEE, J. Some specific questions arise for determination in this appeal by the grant of special leave against a Bench decision of the Andhra Pradesh High Court : Firstly, whether re-marriage of a widow prior to Hindu Succession Act, 1956 would divest her of even the limi...
Read more →27 January 2020

SUPREME COURT OF INDIA GOPALAKRISHNA (D) BY LRS. .. VS. NARAYANAGOWDA (Dead) BY LRS. .. DATED : 03.04.2019 Summarised Judgement (Scroll for Complete Judgement) Introduction : The case of the appellants is as follows:- One Ramanna was the owner of the properties which are scheduled to the plaint. He passed away in 1907. He was married to Jankamma (first wife) who predeceased him. The second wife Seethamma passed away in the year 1938. Through his first wife (Jankamma), he had a daughter named Ven...
Read more →27 January 2020

ALLAHABAD HIGH COURT SMT. SHANTI DEVI WIFE OF SRI JHUNNI ... VS GOVERNMENT OF U. P. THROUGH ... ON 28 MARCH, 2006 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: Though the present petition has been filed assailing the order dated 26.7.2005 passed in revision No. 73/02-03 passed by Deputy Director Consolidation, Mohammdabad, a disconcerting feature forced itself on my notice that the original record containing original document of the petitioner had been missing since the...
Read more →27 January 2020

KERALA HIGH COURT SAUMYA ANN THOMAS VS UOI DATED : 25.02.2010 Summarised Judgement (Scroll for Complete Judgement) Introduction : Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Sec.10A(1) of the Divorce Act right, just and fair? Is it arbitrary, fanciful and oppressive? Does that stipulation offend Art.14 and/or Art.21 of the Constitution? Does that stipulation deserve to be read down to "one year" to save the provision from the vice of uncon...
Read more →27 January 2020

BOMBAY HIGH COURT SAM SHAPOOR IRANI VS. NAOMI SAM IRANI DATED : 29.10.2018 Summarised Judgement (Scroll for Complete Judgement) Introduction : Mrs. Irani was married for 10 years, and shared two children with her husband. She sought divorce from him on grounds of cruelty before the Bombay High Court. However, even after two years of filing the petition, the jury was not appointed. Thus faced with the inevitable and prolonged delay in progress of the proceedings, she decided to approach the Apex...
Read more →27 January 2020

SUPREME COURT OF INDIA MATHEW OOMMEN VS SUSEELA MATHEW ON 3 JANUARY, 2006 Summarised Judgement (Scroll for Complete Judgement) Introduction: The appellant filed a petition for grant of letters of administration in respect of a Will said to have been executed by his father Late K.O. Mathew. K.O. Mathew was a practicing advocate of the local Bar. Facts of the Case: The will in question is said to have been executed on 15.10.1984. The testator died on 24.10.1984. The appellant is the sole beneficia...
Read more →27 January 2020

SUPREME COURT KANWARJIT SINGH DHILLON VS HARDYAL SINGH DHILLON AND ORS ON 12 OCTOBER, 2007 Summarised Judgement (Scroll for Complete Judgement) Introduction: This appeal is directed against the judgment and final order dated 22nd of March, 2004 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No.3861 of 2002 whereby an order dated 18th of January, 2000 of the learned Civil Judge, Jallandhar, dismissing a suit for declaration and permanent injunction of the appellant...
Read more →27 January 2020

SUPREME COURT OF INDIA KRISHNA KUMAR BIRLA VS RAJENDRA SINGH LODHA & ORS ON 31 MARCH, 2008 Summarised Judgement (Scroll for Complete Judgement) Introduction: What is a caveatable interest within the meaning of the Indian Succession Act, 1925 (1925 Act) vis-a-vis the Rules framed by the Calcutta High Court in the year 1940 is the question involved herein. Background Facts Smt. Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla (MPB) were admittedly very wealthy persons. They owned an...
Read more →27 January 2020

SUPREME COURT OF INDIA MADDINENI KOTESWARA RAO VS MADDINENI BHASKARA RAO & ANR ON 5 MAY, 2009 Summarised Judgement (Scroll for Complete Judgement) Introduction: This appeal by special leave is directed against the judgment and order dated 26th of October, 2006 of the High Court of Andhra Pradesh at Hyderabad, wherein the High Court had dismissed the Civil Revision Case being CRP No. 986 of 2006 filed before it by the appellant. Facts of the Case: The relevant facts leading to the present appeal...
Read more →27 January 2020

SUPREME COURT SAMIR CHANDRA DAS VS BIBHAS CHANDRA DAS & ORS ON 7 MAY, 2010 Summarised Judgement (Scroll for Complete Judgement) Introduction: Challenge in this appeal is to the Division Bench Judgment of the Calcutta High Court wherein the appeal filed by respondent herein, namely, Bibhas Chandra Das was allowed holding that no probate could be granted in favour of the present appellant, namely, Samir Chandra Das. Facts of the Case: One Jogesh Chandra Das was the testator. He expired on 13.01.19...
Read more →