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While adopted children cannot claim inheritance rights, biological parents can voluntarily leave property to their adopted ...
This checklist ensures compliance with the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically verify ...
Despite the lack of explicit statutory recognition, Indian courts have consistently upheld the power to grant transit bail. Courts have relied on their inherent powers, as well as constitutional ...
No, a child (person below 18 years) cannot be prosecuted as an adult under the POCSO Act itself. However, if a child is accused of committing a sexual offence under POCSO, the legal process is ...
Non-appearance of a complainant will not always result in the acquittal of the accused. Acquittal under this section is warranted only when the complainant is absent on the date which was set for the ...
"For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court, the period of limitation is twelve years from the date when the decree or order ...
While res judicata does not strictly apply, legal precedents set by the Supreme Court or High Courts must be followed by tax authorities. For example, the Court’s ruling that electromagnetic waves are ...
An attesting witness to a will cannot receive benefits under the same will if the testator is a Christian, Parsi, or belongs to other religions governed by the Indian Succession Act, 1925 (except ...
The Court also invoked the concept of constructive res judicata under Section 11 of the Civil Procedure Code (CPC), 1908. This means that not only issues actually decided, but also those that could ...
One of the fundamental principles of Indian succession law is that a will is revocable and alterable at any time during the testator’s lifetime. This means that as long as the testator is alive and ...
Relaxed Procedural Approach: While procedural laws are relevant, the Court held that strict technicalities—like res judicata—should not obstruct the resolution of grave matters of public interest. The ...
Mandatory injunctions are an extraordinary remedy in Indian law, granted only when strict criteria are met. Courts exercise great caution, ensuring that such injunctions are issued only to prevent ...