Indian Law and Jurisprudence

Under section 125 of code of criminal procedure, the order for maintenance of wives, children and parents is to be made.

M. C. Chako vs. State Bank of Travancore, AIR 1970 SC 504 case is related to privity of contract in India.

The Commissioner of Wealth Tax, Mysore vs. Vijayaba Dowger Maharani Saheb, Bhavnagar and Others, AIR 1970 SC case is related to contingent contract.

Section 14 (2) of the Hindu Succession Act states that nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. 

Mental Infirmity is not be a ground for disqualification under Hindu Succession Act, 1956.

Under section 184 of Indian Succession Act, a person taking no benefit directly under a will but deriving a benefit under it indirectly is not put to his election, has been provided.

All above injunctions can be granted by the court. Injunction is categorised in two forms, i.e. Permanent Injunction and Temporary Injunction 

Under section 5 of the specific relief act, a person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. 

When to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of and also to compel performance of the requisite acts under section 39 of the specific relief act.

Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under section 32.

A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity.” defined under section 124 of the Indian Contract Act.

 In Air India V. Nargesh Meerza (1981) 4SCC 335, the termination of air hostesses on the ground of pregnancy within four years was held to be violative of the Constitution in being unreasonable and arbitrary as it compelled the air hostesses not to have any children. It was held stating that it is settled law that article 14 strikes at arbitrariness in state action and that the principle of reasonableness "pervades" article 14 like a brooding omnipresence.

Section 300 specifies certain situations when the murder is considered as culpable homicide not amounting to murder. These are - If the offender does an act that causes death because of grave and sudden provocation by the other. If the offender causes death while exceeding the right to private defense in good faith. If the offender is a public servant and does an act that he, in good faith, believes to be lawful. If the act happens in a sudden fight in the heat of passion. If the deceased is above 18 and the death is caused by his own consent.

Section 304B of the Indian Penal Code states that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. 

The distinction between sections 299 and 300 was made clear by Melvill, J. in R.V. Govinda.