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Judgments and Orders

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 |   1571 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 |   2032 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 |   3283 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 |   1881 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 |   738 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 |   988 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 |   942 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 |   1306 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 |   824 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 |   937 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 |   986 hits

Merely Because DNA Report Does Not Establish Paternity Is No Ground For Release On Bail

 05 September 2020

In a well-balanced, well-analysed, well-worded and well-reasoned judgment delivered by a woman Judge named Justice Bharati Dangre of the Bombay High Court in a latest, landmark and laudable judgment titled Vaibhav Bhanudas Ubale Vs The State of Mah..

Posted in Criminal Law |   1288 hits

When can a third party file an appeal against a judgement

 04 September 2020

"Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, i..

Posted in Others |   5919 hits

What are the principles governing the right to appeal in regards to the amendment in procedural law

 04 September 2020

The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof...

Posted in Others |   1178 hits

Section 17, Order 2 Rule 2 Case Law CPC

 03 September 2020

The Court first clarified the word "property" used in Section 17 and held that it includes properties. The court reiterated that interpretation of word "portion of the property" cannot only be understood in a limited and restrictive sense of being po..

Posted in Others |   2616 hits

Section 10 of Carriers Act - Case Law

 03 September 2020

By examining the case, the High Court reversed it’s decision on the judgment which was already given by the Trial Court, stating that the Learned trial court interpreted Section 10 wrongly, as the plaintiff has taken all measures in issuing letters a..

Posted in Others |   1034 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn’t have the territorial  jurisdiction to try the said suit...

Posted in Others |   860 hits

File a suit where the property is situated

 03 September 2020

Delhi High court didn’t have the jurisdiction and the appeal is dismissed...

Posted in Others |   1127 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The court held that the High court should not have shown indulgence of such magnitude by adjourning the matter when the counsel for the appellant was not present. It is difficult to envision why the Court directed fresh notice to the appellant when t..

Posted in Others |   833 hits

What are the requisites for allowing discovery of documents in a civil suit

 03 September 2020

The High Court set aside the order of the learned single judge. The court observed that the respondent had filed a case seeking permanent injunction so they need to stand on their own instead of discovering the documents about the ownership title of ..

Posted in Civil Law |   1230 hits