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Judgments and Orders

Public Meeting By Electoral Candidate After Implementation Of Model Code Of Conduct Is Unlawful Assembly Under IPC: Amitabh Choudhary Vs The State Of Jharkhand & Anr

 04 April 2022

The present criminal miscellaneous petition was filed under Section 482 of the Code of Criminal Procedure for quashing the entire proceedings in connection with the order passed by the Learned Judicial Magistrate, Ranchi whereby the Court took cogniz..

Posted in Others |   935 hits

While Directing Wife To Pay Maintenance To Husband, Court Held That Either Of The Spouse Can Claim Alimony Under Section 25 Of HMA: Bombay HC In Bhagyashri Vs Jagdish

 04 April 2022

The couple, who married on April 17, 1992, divorced in 2015 after the wife filed a cruelty claim in court. Following the divorce, the husband filed a petition seeking perpetual alimony from the wife in the amount of Rs 15,000 per month. ..

Posted in Others |   3372 hits

Article 14 Does Not Apply To To Dispositions Under A Will: Supreme Court In Swarnalatha & Ors Vs Kalavathy & Ors

 04 April 2022

Mannar Reddiar and Adhilakshmiammal had a daughter named Kalavathy and two boys named V.M. Chandrasekaran and V.M. Sivakumar. Adhilakshmiammal, the mother, died on August 14, 1995. She left a Will dated January 30, 1995, bequeathing the properties sh..

Posted in Others |   2228 hits

DV Landmark Judgment #11: Delhi High Court Has Held That Magistrate Cannot Deny Interim Maintenance To Wife Only Because She Has Earning Capacity Or Is A Qualified Person

 02 April 2022

The petitioner being aggrieved by the impugned order dated 04.08.15, after her application for interim maintenance was declined has subsequently filed an application under the Protection of Women from Domestic Violence Act, 2005. ..

Posted in Others 1 comments |   2096 hits

Mere Negligence Does Not Amount To Misconduct: Abhay Jain Vs The High Court Of Judicature For Rajasthan And Anr

 01 April 2022

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Posted in Others |   2051 hits

Tribunal Justified In Imposing Costs Where Advocate Acted As De Facto Party: T C Gupta Vs Union Of India

 01 April 2022

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Posted in Others |   1284 hits

DV Landmark Judgments #8: Kusum Sharma Vs Mahinder Kumar Sharma: Filing Of Prescribed Affidavit Necessary In Cases Relating To Maintenance Including Cases Under Hindu Marriage Act, Domestic Violence Act And Other Family Law Statutes

 01 April 2022

The present appeal arose from the decision of the appropriate court through which permanent alimony under the Hindu Marriage Act, 1955 was denied. The High Court was to construe provisions related to the determination of income of parties to be asses..

Posted in Others |   4163 hits

DV Landmark Judgement #7 : S Meenavathi Vs Senthamarai Selvi [2009]: Women Members Of The Family Cannot Be Directed To Be Removed From The Shared Household Under The Guise Of Passing An Order U/s 19(1) (B) Of DV, Act, 200

 01 April 2022

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Posted in Others |   1889 hits

Narrow And Pedantic Meaning Cannot Be Given To The Expression “Human Rights”: Delhi High Court

 01 April 2022

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Posted in Others |   1101 hits

DV Landmark Judgement #5: Kamlesh Devi Vs Jaipal & Ors: DV Act Cannot Be Invoked Based On Vague Allegations

 31 March 2022

The present appeal arose from the impugned final judgment and order passed by the High Court of Punjab & Haryana dismissing the Criminal Revision filed by the petitioner under Section 401 of the Criminal Procedure Code...

Posted in Others |   5415 hits

DV Landmark Judgement #6: V D Bhanot Vs Savita Bhanot: Woman Can Seek Relief Under Pwd Act Regardless Of Whether She Lived Independently Or Was Subjected To Domestic Violence Prior To The Enactment Of The Act

 31 March 2022

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Posted in Others |   6161 hits

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 |   2922 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 |   4713 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 |   1216 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 |   4532 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 |   997 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 |   1173 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 |   1762 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 |   1295 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 |   4183 hits