Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Any child specially at a tender age needs constant nurturing and guidance of none other than her biological mother with whom she has shared incomparable and inexplicable bond right from security of womb to the times she was brought into this world and thereafter thus, status of a mother in a child`s..........
Adverse possession -- To call possession "adverse", what is material is the animus - There has to be a hostile animus - Intention to exclude the whole world from challenging a person's possession necessarily implies possession with hostile animus, to exclude all others including the rightful owner - Same would be sufficient to constitute adverse possession...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
Will -- Registered - A registered Will is a solemn document - Courts are required to make an attempt to give effect to the wish of testator, who is no more in the world - A registered document has presumption of genuineness - Courts are not justified in ignoring the registered Will - a testamentary document unless there are strong suspicious circumstances which create..........
Succession Act, 1925 -- No evidence to prove that deceased Mahant had renounced the world and had become a Sanyasi and petitioner failed to establish that he has succeeded to deceased Mahant - Petitioner did not produce any material to support his claim - Collector justified in holding that property of Mahant stands vested in State Government, as there is no legal heir of..........
Precedents -- Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made law thereto - Sometimes, difference of even one circumstance or additional fact can make the world of difference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Publication of an article in a newspaper referring to wife as adulterous and such fact admitted by husband during trial suggests a mental element in defaming wife to the world at large particularly when husband failed to prove such adulterous relationship of wife - Ground of mental cruelty upon wife..........
Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, Section 2(d), 2(h) -- On-Screen Credits in world feed - Commercial advertisements - Commercials of sponsors which would clearly be treated as not only advertisements but commercial advertisements...........
Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, Section 2(d), 2(h) -- On-Screen Credits in world feed - Once what is shown are advertisements, the question as to whether these advertisements are shown because of some arrangement between organizers of tournament and sponsors or as a result of arrangement between the broadcasters is immaterial...........
Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, Section 3(1), 3(2) -- On-Screen Credits in world feed - Advertisements/logos - If ICC include those advertisements/logos, the feeds have to be without those logos/advertisements inasmuch as nobody can dispute that content rights owners are content holder - In the instant case, ICC has included..........
