Constitution of India, 1950, Article 32, 226 -- Judicial review - It is an evaluation of decision making process and not merits of decision itself - Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion - It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or..........
Custody of child -- Claimed by mother - Parties are Muslims - Child who is less than 4 years is in custody of his grandfather - Father of child died - Mother asking for child's custody from grandfather, who is resisting mother's right, certainly entitles mother to say that grandfather's custody is unlawful - Though under personal law of parties, grandfather may be..........
Criminal trial -- Informant himself the investigator - Merely for this reason investigation is not vitiated on the ground of bias or the like factor - Question of bias or prejudice depends upon facts and circumstances of each case - Accused not entitled to acquittal on the sole ground that informant is the investigator - Contrary decision of Supreme Court in Mohan Lal Vs..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be "substantial" a question of law must be debatable, not previously settled by law of land or any binding precedent and must have a material bearing on decision of case and/or rights of parties before it answered either way - To be question of law "involved in the case" there must..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Generally, High Court will not interfere with concurrent findings of Courts below, but it is not an absolute rule and some exceptions are, viz: (i) Courts below have ignored material evidence or acted on no evidence; (ii) Courts have drawn wrong inferences from proved facts by applying..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Relief of recovery of possession denied by First Appellate Court but granted by High Court - Defendant pleaded that he was in complete possession of suit premises as owner with absolute rights ever since 1966 when his father had executed deed of release in his favour and for over..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary - In case coparcenary property comes to the hands of a `single person' temporarily, it would be treated as his property, but once a son is born, coparcenary would revive in terms of the Mitakshara law...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law - Coparcenary must..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Coparcenary - In case coparcenary property comes to the hands of a `single person' temporarily, it would be treated as his property, but once a son is born, coparcenary would revive in terms of the Mitakshara law...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........