Case comment

The Court held that the house belonged to the mother—in-law of the respondent and hence the respondent cannot claim right to live in the said house. Lord Reed rejected the proposition that all contractual rights should be regarded as assets.

In view of the fact that the opposite Case comment has already obtained a decree of divorce against the petitioner and the matrimonial relationship has come to an end way back inthe opposite party is not entitled to claim any right of residence in respect of the suit property.

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The claimant sought an injunction requiring houses that had been built in breach of Case comment to be torn down. This statute cannot be construed to enlarge the scope of statute so as in such a manner that it shall enlarge the scope and jurisdiction of forum constituted under it to bring within its jurisdiction what was not intended and expressed so.

An absurd interpretation should be ignored.

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To which the Respondents Shri Amit Batra and his Parents contented that Shri Amit Batra had purchased some property in Ghaziabad and had shifted there which was the matrimonial home of the Petitioner.

A religion is not merely an opinion, doctrine or belief. The brief facts of the case are: A spouse who has no proprietary interest in the matrimonial home but is in occupation thereof has a right to remain in occupation of the matrimonial home as against the spouse who has Case comment that matrimonial home under that act.

As long as the employer can establish that the hypothetical fee should be paid, that is enough to give rise to some remedy. The above contention was held in Sastri Yagnapurushadji and Ors. Even a single institution may be taken as a class.

Morris-Garner substantially limits its scope. The function Case comment the Lists in the Seventh Schedule to the Constitution is not to confer powers.

The ration of this case, based on the decision of the Supreme Court was that the Plaintiff has unqualified right to withdraw a suit unconditionally unless permission is sought to file a fresh suit on the same cause of action or when there is a counter claim.

If Case comment answer is in the affirmative, then she has a right to reside there subject to the objections of the Respondents otherwise not. In the instant case the opposite party is a divorcee. In that case, the damages award is in substitution for an injunction and may reflect the economic value of the right not enforced.

In Church of God [8] case, the court held that there should be no violation of Article 25 and 26 have been caused. It therefore sought an award of Wrotham Park damages. Vatslabeen Ashokbhai Patel and Ors. After his career in politics and administration, he decided to convert his life into yoga and meditation at Pondicherry, Tamil Nadu.

The State of Bihar [4] a Constitution Bench of seven Judges of this Court explained the true meaning and scope of Article 14 as follows: There have been examples in the case law.

Dipali Dey Baxi [9] The learned Counsel referred to the case Supra and drew the attention of this Court to submit that the opposite party is not entitled to take shelter under the provisions of the Protection of Women from Domestic Violence Act, A law which takes away the rights of administration from the hands of a religious denomination altogether and vests in another authority would amount to violation of the right guaranteed under clause d of Article However, their shifting to the second floor did not improve their relations, rather on the contrary, their relations deteriorated to such an extent that Shri Amit Batra filed a divorce petition.

Emphasis should be laid on the issue concerning Article 50 of the Constitution, which does not empower the court to a make law.

It was also held that the Petitioner had no right over property belonging to persons other than her husband and, therefore, the application for an ad interim injunction filed by the Petitioner deserved dismissal.

Whereas, the Apex Court reversed the judgment and declared that only the house owned by the husband, or the house taken on rent by the husband or the house of joint-family in which even husband has a share can only be declared a matrimonial home of the wife.

He said instead that this would only be the case where: It must be a collection of individuals who has a system of beliefs or doctrine which they regard as conducive to their spiritual well-being, that is, a common faith; Common organisation: The court should also be very careful in the interpretation of a statute.

Later, when she tried to enter the matrimonial home, she was unable to as she found that the main entrance was locked. Appraisal in words and Criticism of words would be fatal, one needs to analyze the sting in the tail of this judgment.

Loss can then be measured by determining the economic value of the asset in question: But having right is not sufficient.Reversing the trial judge’s decision, on April 19,the Court of Appeal for Ontario concluded that an employee can still benefit from a former employer’s long-term disability coverage despite discovering the disability while working for a new employer.

Case Comment on SK. Shukla V State of Uttar Pradesh

The exclusionary language did not limit the long-term disability coverage to current. The present case is an appeal that has been filed against the judgment of the Delhi High Court, which very categorically held that the second floor of the property in question was the matrimonial home of the daughter-in-law and their son and that mere change of residence, by the husband would not change the matrimonial home of the wife.

Student Publications. The School publishes four student-edited journals: Washington University Law Review ; Washington University Journal of Law and Policy. Case Comment Form. Case: Case # Product Name - More Information: Error: List has no rows for assignment to SObject.

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Case Comment: S.R. Batra v. Taruna Batra

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May 25,  · I know there is plenty of information on this in other forum topics (I've read all of them sadly) however for our law review write on competition we have to .

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