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In the case of Besahu Lal Yadav vs State of Chhattisgarh the Chhattisgarh HC has held that when a witness is examined by the Court under section 165 of the Indian Evidence Act, he/she is required to be cross-examined to elicit further truth or other relevant facts.  It is important to note that section 165 of the ..

In the case of Mirza Dawood Baig vs State of Chattisgarh and ors, the Chhattisgarh HC has held that in cases where any further investigation has been carried out under Section 173(8), then irrespective of its outcome, the report of such further investigation must be mandatorily submitted before the Magistrate.  In..

Hindu Adoption And Maintenance Act; Proviso To Section 6 Does Not Render Fathers’s Custody Of Child Below 5 Years Illegal: Patna HC The Hon’ble Patna HC, in GGSS Sitara vs The State of Bihar and ors. has held that the proviso to section 6 of the Hindu Adoption and Maintenance Act (HAMA), though carves out ..

In Versova Kokni Sunni Jamat Trust versus Centralised Processing Centre Bangalore (2022), a bench of the Mumbai Income Tax Appellate Tribunal observed that even if a Trust is not registered under Section 12 A of the Income Tax Act, the corpus donations received by the Trust for a specific purpose will not be taxable as they are like a capital receipt. ..

In the case of Trimbak Arun Barude vs State of Maharashtra the Hon’ble Bombay HC has refused to grant anticipatory bail to a man charged for the offence of raping his minor wife under section 376 of IPC. The Court was of the opinion that the accused could not take up the defence of being married to the victim and..

The Hon’ble Patna HC, in GGSS Sitara vs The State of Bihar and ors. has held that the proviso to section 6 of the Hindu Adoption and Maintenance Act (HAMA), though carves out an exception but does not render the custody of the minor child aged below 5 years with his/her father illegal.  In the instant case, ..

KEY TAKEAWAYS Confession is a statement made by an accused person that is sought to be proven against him in a criminal proceeding in order to establish that he committed an offence. Section 80 of the Indian Evidence Act gives judicial confessions evidentiary value and expresses..

In P. Ramasubbamma v. V. Vijayalakshmi And Ors. (2022), the Hon'ble SC was dealing with an appeal against the Karnataka High Court's ruling of setting aside the Trial Court's order issuing a decree for the particular performance of a sale agreement. Justices M.R. Shah and B.V. Nagarathna observed that the vendee is not required to further establi..

Compassionate Appointment To Be Cancelled If Undertaking To Take Care Of Aged Mother-in-law Breached: Bombay HC In the case of Usha Giri vs State of Maharashtra the Bombay HC has made it clear that if the undertaking to take care of the aged mother-in-law is not followed through, the compassionate appointment given to..

KEY TAKEAWAYS Divorce in Islamic law can take place either through the spouses' own actions or through a court order. There are three types of divorce in Islamic law (sharia), each with its own set of rules. The procedure is known as talaq when a man initiates a divorce./li..

Difference between Motive and Intention BASIS MOTIVE INTENTION td styl..

In Sh. Pradeep Kumar Sharma vs Smt.  Deepika Sharma the Hon’ble Delhi HC has held that the only continuous and repeated acts of adultery would attract the rigours of section 125(4) of CrPC. Section 125(4) of CrPC provides that no wife would be entitled to maintenance if she is living in adultery, or if she r..

In Dr. Abdul Haleem PP v. State of Kerala & Ors. (2022), Justices A.K Jayasankaran Nambiar and Mohammed Nias CP observed that the University Grants Commission (UGC), which specifies qualifications for various posts in universities in a State under Article 16 (4) of the Constitution of India, does not affect the State Government's right to provide res..

In the case of Usha Giri vs State of Maharashtra the Bombay HC has made it clear that if the undertaking to take care of the aged mother-in-law is not followed through, the compassionate appointment given to the widow ought to be cancelled.   The Bombay HC directed a local Z..

Limitation Period Under Section 468 CrPC Not Applicable To Section 12 Of DV Act: SC In the case of Kamatchi vs Lakshmi Narayanan the Hon’ble Supreme Court has held that the limitation period provided under section 468 of CrPC is inapplicable to the filing of an application under section 12 of the Protection of W..