Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..

An Insurance Company impleaded as a party-respondent in a motor accident claim petition is entitled to contest the claim on all available grounds, without restriction to the grounds enumerat..

Potential earning capacity of a wife does not negate her entitlement to maintenance. A distinction exists between "may earn" and "is earning." Where a wife discontinues employment due to mar..

Deduction from the salary of a deceased motor accident victim on grounds unrelated to the accident is impermissible in law. Under the principles settled in Sarla Verma v. Delhi Transport Cor..

A writ of habeas corpus lies only where a person is in illegal detention or custody. It cannot be used to trace or secure the presence of a person whose whereabouts are unknown. Where a husb..

Section 57 of the Evidence Act permits courts to use books or documents of reference only for matters of public history, literature, science, or art. Title to property is a matter of private..

The principle of strict liability applies in cases of electrocution by a live or broken electricity line. An electricity authority is not required to be proved negligent; the burden on the c..

A Lok Adalat award is binding only when parties themselves sign the joint memo of settlement. Regulation 17 of the National Legal Services Authority (Lok Adalats) Regulations mandates that p..

An agreement to sell, even if duly executed and proved, cannot be specifically enforced if it violates a statutory prohibition. Where proprietary rights are conferred subject to a restrictio..

Under Mitakshara law, the power of a Karta over coparcenary property is strictly limited to alienations for legal necessity, benefit of estate, or indispensable duties. A unilateral gift of ..