An agreement to sell, even if duly executed and proved, cannot be specifically enforced if it violates a statutory prohibition. Where proprietary rights are conferred subject to a restrictio..

Section 494 IPC applies only where the second marriage is void by reason of the subsistence of the first marriage. Under Muslim Personal Law, a Muslim male is permitted to contract up to fou..

Under Mitakshara law, the power of a Karta over coparcenary property is strictly limited to alienations for legal necessity, benefit of estate, or indispensable duties. A unilateral gift of ..

The right to travel abroad is a basic human right protected under Article 21, forming part of personal liberty as recognised in Maneka Gandhi v. Union of India [(1978) 1 SCC 248]. Even a con..

Conviction under Section 363 IPC requires proof that the minor was taken away from the custody of a "lawful guardian." Where the person claiming guardianship has no established legal or fact..

Hundi collections of a temple are resources held in trust for the community of worshippers and carry a public character. Poojaris are not entitled to claim a share in such collections as a m..

Personal presentation of an election petition by the petitioner before the authorised officer of the High Court is a mandatory requirement under Section 81(1) of the Representation of the Pe..

A third party, including a complainant or whistleblower, has no locus standi to challenge service actions under Article 226 of the Constitution. Service disputes are personal in nature; only..

Grave and reckless allegations against the character of a spouse, unsupported by evidence, amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. Irretrievable breakdown..

Absence without leave does not constitute desertion under the CRPF Act, 1949 and Rule 31 of the CRPF Rules, 1955, unless wilful intent is established on the basis of material on record. Decl..

A major woman's right to choose her place of residence and companion is absolute. In habeas corpus proceedings, once a major woman denies illegal confinement and asserts her free will, the p..

Section 15(2) of the POCSO Act does not require identification or physical presence of a child victim to prosecute offences involving Child Sexual Abuse Material (CSAM). The definition of "c..