Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
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Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
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Payment Recovery Process
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Different Identities of an NDA
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Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
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Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
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Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
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MSME Debt Recovery Provisions
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Analysis of Section 11A of Industrial Dispute Act, 1947.
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The necessity of Gender-Neutral laws in India
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Zee Entertainment Enterprise Ltd. V/s Suresh Production
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Roxann Sharma V/s Arun Sharma
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Bank Guarantee
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NRI's Power of Attorney
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Regulation for E - Pharmacy in India
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India Vs Pakistan: Kulbhushan Jadhav's Case
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The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
Introduction: Property Claim - No limitation period for a divorced wife to claim property endowed with her husband. Child Custody - Be that as it may, the Court was unwilling to "throw away" the Petitioner on the ground of jurisdiction. Daughters Rights - While clarifying the concept of retroactive application vis-a-vis the 2005 amendment, the Court held that the 2005 amendment makes accessible to female successors the benefit of succession on par to that of her male counterparts’ dependent on an antecedent event, i.e., her birth. Maintenance for unmarried daughter - She can claim maintenance U/s20(3) of the Hindu Adoptions and Maintenance Act if she can prove that she is unable to maintain herself. Right to Reside for Daughter-in-law - The Court held that living off a woman in a household refers to living with some permanency.
1.) Sheela KK Vs N G Suresh
Citation: Mat Appeal No.358/209
Date: 24th September 2020
Background of the Case:
Kerala High Court had decided that there is no limitation period for a divorced wife to claim property endowed with her husband. Even after the marriage dissolution, the husband will be considered to hold in trust the properties endowed with him by the wife before marriage as dowry, as ruled by the full Bench of Kerala High Court.
The issue before the Court:
Observation made by the Full Bench:
2.) Anushree Goyal Vs State of Madhya Pradesh & Ors.
Case No.: WP No. 7739/2020
Date: 8th June 2020
Background of the Case:
The writ had been filed by the mother of a two-year-old child born in the US. Altogether, the Petitioner's husband had gotten an ex-parte restraint order against her from the Court, compelling her to move out of her matrimonial house and return to her parents' home in Indore, India. From that point, the Petitioner's husband left their child at his parents' house in Gwalior and executed a Power of Attorney and Authorization favouring his parents to care for the child. The Petitioner had, therefore, moved the High Court, seeking custody of her son.
Maintainability:
The Respondents, i.e., the in-laws of the Petitioner, had contended that a habeas corpus petition isn't maintainable in the issue of child guardianship. Be that as it may, the Court was unwilling to "throw away" the Petitioner on the ground of jurisdiction or the ground of alternative remedy accessible under the Guardians and Wards Act, 1890.
Issue: Whether a Habeas Corpus request is maintainable regarding the guardianship of a minor child?
Judgment:
Dependence was placed on Capt. Dushyant Somal Vs Sushma Somal, (1981), whereby the High Court had permitted a writ of Habeas Corpus with a direction for giving the child's custody to the Petitioner therein. In the current case, the Court saw that the child had aged about two years and the Supreme Court, keeping in view Section 6 of Hindu Minority and Guardianship Act, 1956, was of the view that the child must be in custody of the mother.
The Court explained that its order would not come in the way of the parties if they would want to approach the Civil Court under the Guardianship and Wards Act, 1890. The Bench additionally explained that the Civil Court would be allowed to decide the matter without being affected by the order passed by this Court to keep in view the legal provisions regarding visitation rights of father/grandparents.
The Respondents had contended that regarding the injunction granted against the Petitioner by the Franklin Region Regular Supplications Court, Division of Homegrown Relations, Columbus, Ohio (USA), the Petitioner was not eligible for the child's care. Rejecting this contention, the Bench held that the said ex-parte injunction order in no place limits the mother to meet the child or to keep the child with her. Further, no order was placed on record, which directs the child's guardianship with the father. The Court also saw that the child was very attached to his mother, and it was remarked.
Therefore, the Court held that the Power of Attorney and Authorization executed by the Respondent (husband) in the child's grandparents' custody was an "unheard concept" in Indian courts. Accordingly, the Court permitted the appeal and it also expressed that since the child referred to is a US resident, the US Government officials and the Association Service of Outer Issues be intimated about the order.
3.) Vineeta Sharma Vs Rakesh Sharma
Civil Appeal No. Diary No.32601 OF 2018
Date: 11th August 2020
Background of the Case:
The Hindu Succession Act, 1956 was an exertion to codify the Hindu Law of Succession and align it with advancing thinking on the fair legacy. To accomplish the constitutional objective of gender equality, the Hindu Succession (Amendment) Act, 2005, was passed, giving daughters similar rights in coparcenary properties as the sons.
Notwithstanding, between the Hon'ble High Court's decisions in Prakash v. Phulavati and Danamma v. Amar, there was considerable uncertainty on whether the 2005 amendment was retrospectively applicable or prospectively applicable.
Issues before the Court:
Judgment
4) Abhilasha Vs Parkash
Citation: 2020 SCCOnline SC 736
Date: 15th September 2020
Background of the Case:
The wife and children of the respondent had filed a suit for maintenance u/s 125 CrPC before the Magistrate wherein the Magistrate allowed maintenance subject to the condition that the Appellant herein will b=entitled to maintenance until she attains majority. This order was challenged before the High Court, but the same was dismissed. Aggrieved by the order of the High Court, the Appellant herein approached the Supreme Court, stating that even though she had attained majority but since she is unmarried, she is entitled to claim maintenance from her father. She further argued that according to S.20 of the Hindu Adoptions and Maintenance Act, 1956, a person has an obligation to maintain his unmarried daughter.
Issues before the Court:
Judgement:
5) Satish Chander Ahuja Vs Sneha Ahuja
Citation: 2020 SCC Online SC 841
Date: 15th October 2020
Background of the Case:
In the present case, one Satish Chander Ahuja filed a suit against his daughter in law, Sneha Ahuja, seeking a permanent injunction and for recovery of damages. The daughter in law had obtained an order directing the Appellant not to alienate the property or dispossess her without the approval of the Court under the Protection of Women from Domestic Violence Act. The Appellant contended that the status of occupation of the respondent during the subsistence of marriage with his son could be said to be permissive in nature, and she is not entitled to claim a right of residence against the father-in-law who has no obligation to maintain her during the lifetime of her husband. Whereas the respondent argued that the suit property is a shared household within the meaning of S.2(s) of the Domestic Violence Act and as such she has a right to reside in the shared household.
The Appellant relied on the Supreme Court's judgment in S.R. Batra v. Taruna Batra and stated that the suit property is in his name, and the husband does not have any share in the said property. The suit property is also not a joint family property.
Issues before the Court:
Judgement:
Conclusion: The Hon’ble Supreme Court upheld the opinion of the High Court in set aside the decree of the Trial Court and remanding back the matter for fresh adjudication.
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