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Showing posts with label personal law. Show all posts
Showing posts with label personal law. Show all posts
Thursday, 1 August 2024

Bombay HC: Motor accident claim tribunal should not grant compensation as per apportionment provided by personal law of the parties but must grant compensation as per their dependency

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Shri Kazi, the learned Counsel appearing for the appellants, submitted that as per the principles of Mohammedan law, appellant No. 1 father ...
Friday, 8 March 2024

What basic principles the court should follow while deciding child custody dispute?

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Principles governing custody of minor children 53. In our judgment, the law relating to custody of a child is fairly well-settled and it is ...
Tuesday, 14 November 2023

On Which grounds the personal law of a party can be ignored or superseded in India?

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  In India, personal laws, including Mohammedan law (Islamic law), are applicable to individuals based on their religious or community affil...
Saturday, 21 October 2017

How theory of non-conflict zone is applicable to interpretation of personal law and other law?

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When we consider the incidents of disposition of property under different laws, we have to consider the personal law and then to apply the ...
Thursday, 11 May 2017

Whether sister of deceased employee is entitled to get family pension?

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In my opinion, since the respondent­sister had gone to the Court with a suit for  claiming declaration and consequent pensionary benefi...
Thursday, 24 September 2015

Whether child marriage Act will prevail over muslim personal law?

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Gujarat High Court on Wednesday ruled that the Prohibition of Child Marriage Act, 2006 is a   secular law which specifically deals with ...
Friday, 6 March 2015

Whether any citizen can be prosecuted for offence of bigamy irrespective of his/her personal law?

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  Kerala High Court:   On a petition filed by a public spirited person before this Court challenging that the provisions of Section 494 IP...