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Judgments and Orders

DV Landmark Judgement #4: Sabita Mark Burges Vs Mark Lionel Burges: Man Can't Be Violent Towards His Wife And Can Be Forced To Leave Shared Household For The Safety & Security Of Wife & Children

 30 March 2022

In this instant petition, where the petitioner’s wife has challenged the order of the family court dated vide 14th March 2013, where the husband was allowed to reside in a shared household in a plot based in Bandra Mumbai, further it was observed th..

Posted in Others |   2944 hits

DV Landmark Judgement #3: Shared Household Means Household Where Aggrieved Women Was Living At Time Of Filing Of Application Or In The Recent Past: Satish Chander Ahuja Vs Sneha Ahuja

 29 March 2022

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Posted in Others |   4757 hits

Court Advised The Authorities And Legislators To Review Divorce Laws Because They Are Being Abused And Exploited To An Undetermined Extent, Which Was Detrimental To The Sanctity Of Marriage

 29 March 2022

In this instant petition where after marriage the petitioner’s in-laws, particularly her father-in-law, husband, and brother-in-law, did not approve of the dowry items and expressed dissatisfaction that they were not given a Hero Honda and Rs. 50,000..

Posted in Others |   1222 hits

DV Landmark Judgement #2: Chanmuniya Vs Virendra Kumar Singh Kushwaha And Anr [2010]: Living-In Relationships Fall Within The Ambit Of Domestic Relations Where Strict Proof Of Marriage Is Not Required

 28 March 2022

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Posted in Others |   4543 hits

Allopathic, Dental, Ayurvedic, And Homeopathic Medical Officers To Have Uniform Pay Scale Under National Rural Health Mission Scheme: State Of Uttarakhand & Ors Vs Sanjay Singh Chauhan & Ors

 28 March 2022

The present appeal arose out of the order passed by theHigh Court of Uttarakhand in a writ petition.The order directed the State (here petitioner) to pay and release the salary to the petitioners (here respondents) at par with Allopathic and Dental M..

Posted in Others |   999 hits

Advocate Needs To Be In Continuous Practice For 7 Years On Date Of Application To Seek Appointment As District Judge: Allahabad HC

 28 March 2022

In sum, the Allahabad High Court has left no stone unturned to make it absolutely clear in this landmark judgment that advocates need to be in continuous practice for 7 years on date of application to seek appointment as District Judge. ..

Posted in Others |   1178 hits

Marital Rape Exemption Can’t Be Absolute And Become A License For Commission Of Crime Against Society: Hrishikesh Sahoo Vs State Of Karnataka & Ors

 26 March 2022

In the present petition by the petitioner (accused), it was prayed to declare that Sections 29 and 30 of the POCSO Act were unconstitutional. They were contended to be violative of Articles 14, 19 and 21 of the Constitution. Further the petitioner wa..

Posted in Others |   1764 hits

Mere Filing Of A Criminal Case Is Not Cruelty And Residing Separately Doesn’t Amount To Desertion: S Shyamala @ Kathyayani Vs B N Mallikarjunaiah

 26 March 2022

The present first appeal under Section 19 of the Family Courts Act, 1984 had been filed by the wife challenging the judgment and decree passed by the Family court wherein the petition filed under Section 13(1) (ia) and (ib) of the Hindu Marriage Act,..

Posted in Others |   1299 hits

DV Landmark Judgments #1: Arvind Singh Vs The State Of Bihar [2001]: Domestic Violence Allegations Can Not Be Sustained Based On A Dying Declaration Made Without The Presence Of The Concerned Doctors

 25 March 2022

In this instant petition, where a young girl passed away due to severe bodily burns and subsequently, the husband and the deceased’s in-laws were convicted under respective sections of the Indian Penal Code and were sentenced to undergo imprisonment ..

Posted in Others |   4195 hits

The Accused Would Be Benefitted Where The Case Of Prosecution Suffers From Material Contradictions And Medical Examination Was Denied: Subrata Pradhan Vs State of West Bengal & Anr

 24 March 2022

The present appeal arose from the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, confirmed by First Court & Special Court under Section 4 of the POCSO Act and Sections 366/376/120B of the Indian Penal C..

Posted in Others |   1899 hits

Sonia Fazal Khan & Ors Vs Union Of India & Anr: Son Can’t Claim Right Or Share In Parents’ Flats While They Are Alive: Bombay HC

 23 March 2022

In this instant petition, the petitioner pleaded before the court that since her husband was in an irreversible vegetative state and is a patient of dementia, the Court may appoint his legal wife (1st petitioner) as the guardian of Fazal’s personal a..

Posted in Others |   3009 hits

A Single Mother Can Validly Provide Her Caste Status To The Adopted Child: Dr Sonal Pratapsingh Vahanwala Vs Deputy District Collector Of Dharavi Division, Mumbai City & Ors

 23 March 2022

The present petition challenged the order passed by District Caste Certificate Scrutiny Committee upholding the order of Deputy District Collector by which the application made by the petitioner for issuance of caste certificate of her caste to her s..

Posted in Others |   1231 hits

Legal Heirs of Deceased Cannot Claim Dual Compensation Under Different Applicable Statutes in Cases of Accident: Prem & Ors Vs Amarjeet Singh & Ors

 22 March 2022

The present appeal challenged a judgment and award by the Motor Accident Claim Tribunal (MACT) by which the petition of claimants was dismissed on the ground that the claimants had already got compensation in a petition filed by them under the provis..

Posted in Others 1 comments |   1304 hits

Amrita Nand @ Tribhuvan Arjariya Vs The State Of Uttar Pradesh And Anr: Competency Certificate Of Child Witness Not Mandatory If He Understands Court's Questions & Answers Rationally: Allahabad High Court In POCSO Case

 21 March 2022

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Posted in Others |   960 hits

Ajay Kumar Rathee Vs Seema Rathee: Father Not Liable To Pay Education And Marriage Expenses Of Daughter Who Is Not Willing To Maintain Ties With Him: Supreme Court

 21 March 2022

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Posted in Others 1 comments |   2467 hits

Nahar Singh Vs State Of Uttar Pradesh: S 190(1)(B) Of The CrPC States That A Judge Can Summon An Unidentified Individual In Police Statement If The Details State That The Person Has A Prima Facie Interference

 21 March 2022

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Posted in Others |   5094 hits

Representation Made By A Public Body Cannot Be A Basis To Invoke Principle Of Legitimate Expectations in Policy Matters: Indian Ex-Servicemen Movement & Ors Vs Union OfIndia & Ors

 21 March 2022

The petition challenged the manner of implementation of “One Rank One Pension” (OROP) policy for ex-servicemen of defence forces by the central government. Instead of an automatic revision of the rates of pension, the revision now would take place at..

Posted in Others |   1130 hits

The Court Held That Welfare Of Children Would Prevail Over The Provisions Of The Personal Laws: Irfan Ur Rahim Khan V Farha Khan

 21 March 2022

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Posted in Others |   943 hits

Alok Shukla And Anr Vs State Of UP And 2 Ors: Courts Cannot Order The Government To Use A Particular Process Of Hiring Or Set Qualifying Criteria For Operations

 19 March 2022

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Posted in Others |   798 hits

Supreme Court Upholds The Tamil Nadu Government’s Order Providing For 50% Reservation For Admission In Medical Super Specialty Courses: Dr N Karthikeyan & Ors Vs State Of Tamil Nadu & Ors

 19 March 2022

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Posted in Others |   938 hits







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