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Judgments and Orders

Supreme Court held that Order 11, Rule 21 should be invoked in extreme situations as the last resort

 11 September 2020

The penalty imposed under Order 11, Rule 21 is of high penal nature and should be used only in extreme cases and should no way be imposed unless there is a clear failure to comply with the obligations. It should be applied only in extreme contumacy o..

Posted in Others |   2018 hits

Judicial persons are included in the word persons under Order 33, Rule 1 of CPC

 10 September 2020

Before declaring the judgment the court very well explained the provisions under Order 33 before and after the amendment. It referred several cases as well. It finally held that, person refers to one who is capable of filing a suit and Order 33 being..

Posted in Constitutional Law |   5126 hits

The Himachal Pradesh High Court agreed with the view and interpretation of a few High Courts of India in respect of withdrawal of a divorce petition filed by mutual consent

 10 September 2020

Before declaring the Judgment the Court very carefully explained the provisions of Section 13B and Section 23(1)(bb) of HMA and the sub-sections under it. The Court also explained the Section 28 of the Special Marriage Act as Section 13B is in pari m..

Posted in Family Law |   712 hits

Can the petitioners/appellants be declared as indigent persons

 10 September 2020

Before declaring the Judgment the Court carefully explained the term indigent as mentioned under Rule 1 Order 33 of CPC. Apart from the said immovable properties, the petitioners owned 450 grams of gold jewels and properties valued more than Rs.1000/..

Posted in Others |   928 hits

Order 1 Rule 10 & Order 6 Rule 10 Of Code Of Civil Procedure - Case Law

 10 September 2020

The petition was dismissed as there was no merits in the review petition...

Posted in Civil Law |   1596 hits

Section 23-J of Madhya Pradesh Accommodation Control Act, 1961 - Case Law

 10 September 2020

The Supreme Court of India rejected the order of High Court and gave sanction to the claim of appellant...

Posted in Others |   1436 hits

Central Provinces and Berar Letting of Houses and Rent

 10 September 2020

The High Court  ultimately held  that such  an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..

Posted in Others |   760 hits

Order 30 Rule 3 - Case Law

 10 September 2020

High Court gave a new judgment setting aside the order passed by the Trial Court considering the claims of the appellant. ..

Posted in Constitutional Law |   948 hits

Who is Hindu for the application of Hindu Marriage Act,1955

 10 September 2020

The Supreme Court dismissed the appeal & upheld the decision of HC...

Posted in Constitutional Law |   987 hits

Whether a petition for nullity of marriage is maintainable even after death of one spouse u/s 11 (before amendment) of Hindu Marriage Act, 1955

 10 September 2020

The Supreme Court dismissed the appeal. The present proceeding was started in 1974. It was held that an application u/s 11 before amendment, 1976 is maintainable even after the death of the other party. ..

Posted in Constitutional Law |   1425 hits

What is the meaning of solemnization of marriage for application of Section 17 of HMA,1955

 10 September 2020

The Supreme Court allowed the appeal. The essential ceremonies required for the valid marriage under the custom were not performed for the second marriage. ..

Posted in Constitutional Law |   1998 hits

What is the requisites to prove 'cruelty' to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955

 10 September 2020

The Supreme Court allowed the appeal & gave ex-parte order in absence of respondent. It set aside the decree of judicial separation as no case can be made for mental cruelty on the basis of mere domestic quarrels. ..

Posted in Constitutional Law |   3241 hits

What is the meaning of 'mental cruelty' to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955 for a divorce petition

 10 September 2020

The Supreme Court dismissed the appeal & upheld the decision of HC in granting divorce. The facts & circumstances provides that mental cruelty has been caused to the husband due to the actions & behavior of the wife. ..

Posted in Family Law |   1833 hits

The Court should fix the amount of maintenance after considering all the circumstances of the parties. No particular amount can be fixed by the Act as the amount may differ from case to case

 10 September 2020

No particular amount for maintenance can be fixed by the Act as the amount may differ from case to case. The Courts have to fix the amount of maintenance considering all the circumstances of both the parties...

Posted in Others |   729 hits

SC on withdrawing case from HC

 08 September 2020

In the judgment of the case – Sunil Rathee & others v. The State of Haryana & Others, delivered on July 23, 2020, the Supreme Court has explained two conditions, based on which the Apex-Court can withdraw a case from a High Court to itself, exercisin..

Posted in Others |   978 hits

What is the scope of the ground of irretrievable breakdown of marriage to grant divorce under Special Marriage Act,1954

 08 September 2020

The Supreme Court allowed & dissolved the marriage between the parties. The court opined that there is an irretrievable breakdown of marriage in this case and there is no possibility for both the parties to live together...

Posted in Family Law |   921 hits

What is the meaning of ‘mental cruelty’ as one of the grounds for divorce under HMA,1955

 08 September 2020

The Supreme Court withdrew the petition pending before HC & dissolved the marriage between the parties...

Posted in Family Law |   1270 hits

Order 1 Rule 10 & Order 6 Rule 10 Of Code Of Civil Procedure - Case Law

 07 September 2020

The petition was dismissed as there was no merits in the review petition...

Posted in Others |   813 hits

[Lower Berth Allotment] Give Highest Priority To Pregnant Women, Then To Senior Citizens And Thereafter to The VVIPs

 05 September 2020

In a well-balanced, well-reasoned, well-analysed and well-worded judgment, a two Judge Bench of the Principal Bench at Jabalpur of Madhya Pradesh High Court comprising of Justice Sanjay Yadav and Justice Atul Sreedharan in its judgment titled In Re..

Posted in Others |   923 hits

Bombay HC Orders Television Channels Maha Movie And Manoranjan TV To Abstain From Broadcasting Zee Owned Films Jung And Kartavya

 05 September 2020

It has to be stated right at the outset that in a major and significant development, the Bombay High Court in a recent, remarkable and righteous decision titled “Zee Entertainment Enterprises Limited Vs Teleone Consumer Product Pvt. Ltd. & Ors.” in ..

Posted in Others |   962 hits