Author: Parishkriti Atri

This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. Date: 9 October 2017 Number of Judges: Two Bench: J. S.A. Bobde & J. L. Nageswara Rao  Acts: The Special Marriage Act, 1954 Citations: Civil Appeal No. 7186 of 2016 FACTS OF THE CASE On 14 April 1993, a girl child was born to 2 district court judges Sukhendu Das and Rita Mukherjee.Due to conflicts between them, both the parties lived separately since 2000. An application for divorce under section 27 of the special marriage act, 1954 was filed…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. Date: 4 February, 1998 Number of Judges: Two Bench: Sujata V. Manohar, D.P. Wadhwa Act: The arbitration act, 1940 Citation: AIR 1998 SC 1297 FACTS OF THE CASE The Modi family divided into GROUP A (KN Modi, Younger brother of Mai Modi and his sons) and GROUP B (Mai Modi’s sons,including KK Modi), owned a number of public limited companies.  Disputes arose between the two groups and to resolve these conflicts, many financial institutions were called, including the one who…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. Date: Feb 6, 1984 Court: Supreme Court of India Number of Judges: Three Bench: P.N Bhagwati, A.N Sen and R.S Pathak  Acts: Guardians and Wards Act, 1890 Constitution of India Citations: 1987 AIR  23 FACTS OF THE CASE Laxmi Kant Pandey was an attorney who through a letter wrote to the Supreme Court regarding neglect and malpractice in adoption of Indian children to foreign parents. This was done by social organisations and adoption agencies.He mentioned the long and…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. Court: Supreme Court of India Case Title: Mohd. Ahmed Khan vs. Shah Bano Begum Date of Judgement: 23 April, 1985 Number of Judges: Five Bench: Y. V Chandrachud, D.A Desai, O.Chinnappa Reddy, E.S Venkataramiah, Rangnath Misra Acts: Code Of Criminal Procedure,1973.  The Muslim Personal Law (Shariat) Application Act, 1937 Citations: 1985 AIR 945 1985 SCR (3) 844 1985 SCC (2) 556 1985  FACTS OF THE CASE Advocate Mohammed Ahmad Khan and Shah Bano were married in 1932 and had…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. WHAT IS TRUST? It is a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. Trusts are established to provide legal protection for the trustor’s assets. The entrustment of the property creates trust, and that is only an obligation annexed to the ownership of property, which has been rising out of confidence. CRIMINAL BREACH OF…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. Allahabad High Court addressed the issue of assisting the needy Advocates and Registered Advocate Clerks,  taking judicial cognizance in the matter and directing the authorities to explain the steps taken by them or to be taken with regards to this issue. A divisional bench of Chief Justice Govind Mathur and Justice Siddhartha Varma observed that due to the reduced pace of judicial working in the entire Country an enormous effect on the livelihood is visible on the profession of…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. ADOPTION UNDER INDIAN LAW “Your world may not change if you adopt a child, but the world of the child will change if you adopt them.” Adoption under Indian law comes under the purview of personal law wherein Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption under Hindu adoption and maintenance act, 1956. In India, adoption is not recognised by Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards…

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This post has been written by Parishkriti Atri, a first year law student pursuing LL.B. (H) from Amity Law School, Noida. WHY ARBITRATION? In Arbitration an agreement is sought between the parties, where a party other than the court resolves the dispute between them. Arbitration is cost effective and a faster method of settling disputes. Time and place of hearing can be chosen according to one’s convenience, and parties can keep the details of their disputes private. Hence, it has become a preferred alternative to the courts.  The types of disputes that cannot be resolved by arbitration include Criminal offences,…

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