Protection of property of senior citizens under the U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not extend to adjudication of rival ownership or possession cla..

The use of the expression "means" in a definition clause does not render the definition exhaustive where a purposive reading advances the legislative object. The definition of "near relative..

A foetus of five months or more in the womb is treated as a child in existence for the purpose of compensation. Though the Railways Act, 1989 does not specifically mention "foetus," the deat..

A well-qualified husband capable of earning cannot escape maintenance obligation under Section 125 of the CrPC by taking voluntary retirement and claiming absence of income. Earning capacity..

Liability of legal representatives of a deceased stamp duty defaulter under Section 181 of the U.P. Revenue Code, 2006, is limited strictly to the extent of property of the deceased that has..

A decree-holder who abandons independent suits challenging third-party title cannot subsequently seek dispossession of those parties through execution proceedings. Though dismissal of a suit..

Under Order 8 Rule 1 CPC as amended by the Commercial Courts Act, 2015, the 120-day period is an absolute outer limit beyond which no written statement can be filed. However, where a written..

Section 8(2) of the Hindu Minority and Guardianship Act, 1956, requiring prior court permission for sale of a minor's property, applies only to separate property of the minor. It does not ex..

Under Order 7 Rule 11 CPC, a plaint can be rejected only upon scrutiny of averments contained therein and documents filed by the plaintiff. Pleadings of the defendant and documents relied up..

Where no arbitration agreement exists between parties, an arbitrator lacks inherent jurisdiction and any award passed is non-est in law. Participation by a party in arbitration proceedings u..

Upon requisition of a private vehicle by the State for public purposes, control and custody of the vehicle vest in the requisitioning authority. For liability purposes, the definition of "ow..

Under Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956, the age of the child for determining adoptability must be reckoned as of the date of filing of the adoption application,..