"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Saturday, March 7, 2009

Recent Judgments

Irretrievable breakdown of marriage is not a ground for divorce: to hold so would be to legislate.

Vishnu Dutt Sharma v. Manju Sharma. CIVIL APPEAL NO. 1330 OF 2009. Date of Judgment 27-02-09

Section 13 of the Hindu Marriage Act, 1955 clearly lay out the grounds for divorce and irretrievable break down is not mentioned therein. To add such a ground would be legislation by the court, held SC.

“It is for the Parliament to enact or amend the law and not for the Courts.” Wish this sense prevails at all relevant future circumstances

Gift under Mohammedan Law

ABDUL RAHIM & ORS. v. SK. ABDUL ZABAR & ORS. CIVIL APPEAL NO. 1573 OF 2009. Date of Judgment 06-03-09

The conditions to make a valid and complete gift under the Mohammadan Law are as under:

(a) The donor should be sane and major and must be the
owner of the property which he is gifting.
(b) The thing gifted should be in existence at the time of
(c) If the thing gifted is divisible, it should be separated and
made distinct.
(d) The thing gifted should be such property to benefit from
which is lawful under the Shariat.
(e) The thing gifted should not be accompanied by things
not gifted; i.e. should be free from things which have not
been gifted.
(f) The thing gifted should come in the possession of the
donee himself, or of his representative, guardian or

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