Under Section 25 of the Guardians and Wards Act, 1890, child welfare remains the paramount consideration but cannot be assessed in isolation. Custody determination must integrate parental co..

Article 21 encompasses the right to personal development and autonomy. A mother cannot be compelled to choose between custody of her child and pursuit of higher education abroad. While welfa..

A Family Court cannot proceed ex-parte against a defendant on a date fixed for reconciliation or interlocutory proceedings under Section 20(7) of the Legal Services Authorities Act, 1987. Su..

Filing of withdrawal application under Order XXIII Rule 1 CPC does not result in automatic dismissal of suit. An affirmative court order is required. Section 151 CPC permits plaintiff to wit..

For recovery of possession, plaintiff must plead and prove entitlement to property, manner of entitlement, specific date and mode of dispossession, and nature of defendant's possession estab..

A photocopy of Power of Attorney constitutes secondary evidence and cannot be relied upon unless twin requirements under Section 65 Evidence Act are satisfied: factual foundation proving exi..

Statutory obligation of maintenance under Section 125 of the Code of Criminal Procedure is not discharged merely because the ex-wife is educated or has parental support. Maintenance must be ..

Summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 is not available where the defence raises substantial factual disputes requiring evidentiary determination. The power..

Custody of a child cannot be restored to adoptive parents where the child was procured through a process not recognised under the Juvenile Justice (Care and Protection of Children) Act, 2015..

A secured creditor is not mandatorily required to invoke Section 14 of the SARFAESI Act, 2002 for taking physical possession of secured assets. Section 13(4) read with Rule 8 of the Security..

Where the compassionate appointment policy expressly places the wife in first order of priority under Clause 2.1 and permits consideration of a brother only if the deceased government servan..

Rent escalation clause in an unregistered lease deed is enforceable where the tenant continues to occupy the premises beyond the initial one-year period. An escalation clause operates automa..