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07 Sep 2021

Posted by: Chanchala Khopkar

Daughter Property Rights under Hindu Succession Act

VINEETA SHARMA                  vs. RAKESH SHARMA & ORS. AIR 2020 SC 3717 Bench- Justice Arun Mishra, Justice M. R. Shah and Justice S. Abdul Nazeer Background of the Case- In India after the Independence, the lawmakers introduced the Hindu Code Bill which would consolidate and codify the Hindu Personal Laws. After the lot protest around the country, the Hindu Code Bill became a law and 4 legislations were enacted i.e. The Hindu Marriage....

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31 Aug 2021

Posted by: Chanchala Khopkar (2021)

Doctrine of Frustration under Indian Contract Act

SATYABRATA GHOSE VS. MUGNEERAM BANGUR & CO. AIR 1954 SC 44 The Indian Contract Act, 1872 specifies the conditions under which the parties can be discharged of their contractual liabilities, one such condition is doctrine of frustration. The doctrine of frustration is an English Common Law doctrine which has been incorporated under Section 56 of the Indian Contract Act, 1872 and hence given the statutory recognition. According to this doctrine, if the performance of a contract becomes impossible due to....

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18 Aug 2021

Posted by: Chanchala Khopkar (2021)

Independent Thought V. Union of India and Anr.

INDEPENDENT THOUGHT                      Vs. UNION OF INDIA AND ANR. (AIR 2017 SC 4904) The Section 375 of Indian Penal Code defines 'rape'. This provision was amended by Criminal Law Amendment Act, 2013 haphazardly after the Nirbhaya incident. The Amendment to the said Section increased the age of consent to sexual intercourse to 18 years. However, the Exception-2 of the said provision was not amended which stated that "sexual intercourse by a....

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