82 High Court Judgments from January 2022: High Courts Monthly Roundup
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
property
Raj HC | Objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity in accordance with S. 21 CPC
Rajasthan High Court: Anoop Kumar Dhand J. allowed the appeal and quashed the impugned order dated 17-08-2021 passed by the Court of
Can a girl be treated as property and given in donation? Bom HC addresses in light of “Daanpatra” executed by father of a daughter
Bombay High Court: Vibha Kankanwadi, J., while directing Child Welfare Committee, Jalna to hold an inquiry on an expeditious basis in respect
Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses
Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be
“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction
Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by
Senior Citizen soon to enter her 90’s desired to end her life: Son and Grandson mentally left no stone unturned to make life of ‘grandmother’ a living hell | Bom HC emphasizes on family and societal values being perished
Bombay High Court: G.S. Kulkarni, J., addressed an ordeal of a senior citizen who would be soon in her nineties and was
Daughter-in-law claims right of residence in late husband’s mothers’ property under the head ‘Shared Household’: Mother-in-law approaches Del HC seeking eviction of daughter-in-law | Read what HC says
Delhi High Court: Explaining the significance of ‘shared household’ Asha Menon, J., explained that where a residence is clearly a shared household,
Daughter of a coparcener will also be a coparcener in Hindu Undivided Property? Tis Hazari Courts decides where father died before coming into force of 2005 Amendment to S. 6
Tis Hazari Courts, Delhi: Kirandeep Kaur, Civil Judge – 05, discussed the legal position on a coparcener’s daughter also being a coparcener
Daughters as Co-parceners | S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A: Bom HC
Bombay High Court, Bench at Aurangabad: Vibha Kankanwadi, J., while addressing a matter revolving around the property, observed that, Article 254 of
Property of dead person sold in auction: Is it bad in law? All HC elaborates
Allahabad High Court: Siddhartha Varma, J., while deciding a matter with regard to the auction of the property of a dead person
Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC
Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there
Meghalaya | Khasi Inheritance of Property Bill, 2021
The Khasi Hills Autonomous District Council (KHADC) in Meghalaya released the ‘Khasi Inheritance of Property Bill, 2021. The Khasis are a matrilineal
Consumer Protection | Under what circumstances will a person cease to be a consumer? Significance of indulging in commercial activities by buying and selling property: Explained
National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice Deepa Sharma (Presiding Member) and Subhash Chandra (Member)directed a full refund of the
Law on Unfair Trade Practice | Builder insisting to sign on papers which stated that “buyer was receiving villa in full ready condition” even when it was not in a liveable condition: Is builder’s act under ‘unfair trade practice’? NCDRC decides
National Consumer Disputes Redressal Commission (NCDRC): Noting unfair trade practice by the builder while insisting the buyers to sign a paper wherein
Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court
“A testamentary court is not a court of suspicion but that of conscience.”
Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides
Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he
Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides
Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special
When can Court invoke its Power to effect an attachment under Or. 38 R. 5 of Civil Procedure Code? Madras HC decides
Madras High Court: G. Jayachandran, J., with the lens of this decision addressed the Power under Order XXXVIII, Rule 5 of the
Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides
Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that
Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”