CIVIL LAW Read, Subscribe & Cite CIVIL LAW TIMES (CLT) Supreme Court and All High Courts III (2013) CLT 247 (SC) ANCESTRAL PROPERTY — Legality of Alienation — Release deeds, sale deeds and mutation entries made on that basis are illegal, null and void — Property acquired by defendant No. 2 father of appellant-plaintiff, on partition was ancestral property — Till birth of plaintiff he was sole surviving coparcener but the moment plaintiff was born, he got a share in father’s property and became coparcener. III (2013) CLT 203 (SC) ELECTION LAW — “Corrupt Practice” — Promises made by political parties in their election manifestos would not amount to “corrupt practices” as per Section 123 of Representation of People Act. III (2013) CLT 203 (SC) RIGHT TO EQUALITY — Distribution of State largesse in form of colour TVs, laptops, mixer-grinders, etc. does not violate Article 14 of Constitution on ground that unequals are treated equally — This Court not inclined to interfere in policy decision. II (2013) CLT 169 (SC) Constitution of India, 1950 — Article 245(2) — Extra-territorial Operation — Article 245(2) provides that no law made by Parliament shall be deemed to be invalid on ground that it would have extra-territorial operation — But this does not mean that law having extra-territorial operation can be enacted having no nexus at all with India. III (2013) CLT 169 (SC) DOMICILE OF ORIGIN — Applicability of Hindu Marriage Act, 1955 — Extra-territorial operation of law is saved not because of nexus with Hindus but Hindus domiciled in India — Both husband and wife are domicile of India and wife at the time of presentation of petition was resident of India. III (2013) CLT 169 (SC) HINDU MARRIAGE ACT, 1955 — Extra-territorial operation — Act will apply to Hindus domiciled in India even if they reside outside India. III (2013) CLT 154 (SC) R.M. Lodha, Kurian Joseph, JJ. JURISDICTION — Contract specifying jurisdiction of Courts at a particular place to deal with matter — Such contract not against public policy. III (2013) CLT 154 (SC) Madan B. Lokur, J. (Concurring view) JURISDICTION (TERRITORIAL) — Exclusion clause — In jurisdiction clause of agreement, absence of words like “alone”, “only”, “exclusive”, or “exclusive jurisdiction” is neither decisive nor make any material difference in deciding jurisdiction of Court.
Posted on: Mon, 02 Sep 2013 07:58:11 +0000
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