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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..

Key Takeaways Section 156 (3) of CrPC provides that any magistrate, who can take cognizance of an offence under Section 190 of CrPC, can order the investigation of such cognizable offence by a police officer. After a complaint has been filed before the magistrate, disclosing a c..

Difference between set-off and counter-claim BASIS SET-OFF COUNTER- CLAIM ..

In the case of ABC vs Union of India, the Hon’ble Bombay HC has ordered the removal of an acquittal order from the HC website upon an application moved by the applicant/accused who was facing difficulties in getting a job due to the order of acquittal passed in his favour.  In the instant case, the petitione..

In Dental Council of India vs. Biyani Shikshan Samiti (2022), Justices L Nageswara Rao and B R Gavai observed that to guarantee that suitable academic standards, atmosphere, and infrastructure are maintained, the liberty to establish an educational institution can be regulated. Additionally, Regulation 6(2)(h) of the Dental Council of India Regulations, 2006..

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 Women from Domestic Violence Act, 2005. Section 12 of the DV Act allows an aggrieved w..