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Judgement Vs Decree

KEY TAKEAWAYS The distinction between judgement and decree has similarly lost relevance in the United States, while in India, the distinction between judgement and decree has remained relevant from the inception of the old Code of Civil Procedure in 1859. In today's legal en..

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Plaint To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff: SC

In the case of M/s Frost International Limited vs M/s Milan Developers and Builders Pvt Ltd. and anr. the Apex Court has held that a relief sought in the plaint with the objective of restraining a prosecution against the plaintiff will be barred by law and can be a ground for allowing an application for rejection of plaint under Order VII Rule 11 of CPC./li..

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Under Sec. 25 Of Hindu Marriage Act Either Of The Indigent Spouse May Seek Permanent Alimony: Bombay HC

In Bhagyashri v Jagdish (2021), Justice Bharati Dangre, while rejecting the wife's plea under Section 24 and 25 of the Hindu Marriage Act, upheld two civil court orders, which directed the wife, a teacher, to pay a maintenance amount of Rs. 3000 to her husband. The Hon'ble Bombay HC also directed the school principal to deduct a sum of Rs. 5000 from ..

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Top News Headlines 2nd Apr 2022: Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused

Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused: SC In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sus..

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Power Of Attorney Executed Outside India Must Be Stamped Within 3 Months Of Receipt In India: Andhra Pradesh HC

In Pedapudi Alfred Johnson Jeyakaran Jesudasan V. The State of AP, Justice U. Durga Prasad Rao, under Section 18 of the Indian Stamp Act of 1899, ruled that if a General Power of Attorney (GPA) is executed outside of India without being duly stamped and is presented before the third respondent within three months, the Court has the authority to order the imp..

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Landmark Judgements On Protection Of Women From Domestic Violence Act, 2005

Domestic violence is not a new topic in society. It refers to physical, verbal, sexual, and financial abuse between intimate partners. According to the World Health Organization, one out of every three women has been subjected to physical or sexual violence at some point in their lives, and 30% of women have been subjected to physical or sexual abuse by their relati..

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Father And Uncle Incarcerated For 3 Years In POCSO Case Acquitted: Court Says Minor Influenced By Mother

Every once in a while, we come face to face with the realisation that revenge really does not know any boundaries, and that people can really go to any lengths to seek it. Something like this has happened in the case of The State of Maharashtra vs. Abdulrehman Shahjadhussain Shaikh and anr where the victim girl’s father and uncle were acquitted after being in jail for three years,..

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Charges Under CrPC: All You Need To Know!

KEY TAKEAWAYS In simple words, a charge is an allegation, which is formal in nature. Charge is dealt with in Chapter XVII of CrPC, from section 211 to section 224. The form of charges is dealt with in Sections 211- 217. li style="t..

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Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused: SC

In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sustained, irrespective of the fact that the section was not mentioned in the chargesheet.  This princip..

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SC Quashes Rape Case On The Ground Of Accused Marrying The Victim

KEY TAKEAWAYS RAPE- Unlawful sexual activity and, in most cases, sexual intercourse carried out against a person's will or under threat of damage, or with a person who is under a specific age or incapable of legitimate consent due to mental disease, mental deficiency, drunkenness, unconsciousness, or deceit. ..

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A 'Different' Series #9: Strict Liability Vs Absolute Liability

Difference Between Strict Liability And Absolute Liability BASIS STRICT LIABILITY ABSOLUTE LIABILITY ..

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Drama In Calcutta HC: Single Judge Makes Scathing Remarks Against Division Bench Direction To Accept Affidavit In Sealed Cover

In the case of Md. Abdul Gani Ansari vs State of West Bengal and ors Justice Abhijeet Gangopadhyay of the Calcutta HC has made scathing remarks against the order of the Division Bench of the Calcutta HC. The case pertained to alleged irregularities in the appointment of the Group-D non-teaching staff in sponsored Secondary and Higher Secondary schools under ..

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Vanniyar Internal Reservation Declared Unconstitutional By The Apex Court

In the case of Pattali Makkal Katchi vs A Mayilerumperumal and ors a Bench of Justices L. Nageswara Rao and B.R. Gavai has held that the Tamil Nadu Act of 2021 which had given a 10.5% reservation in educational institutions and government jobs for the Vanniyar community out of the 20% reservation which is available to the Most Backward Classes to be unconsti..

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Top News Headlines 1st Apr 2022: Drama In Calcutta HC: Single Judge Makes Scathing Remarks Against Division Bench Direction To Accept Affidavit In Sealed Cover

Drama In Calcutta HC: Single Judge Makes Scathing Remarks Against Division Bench Direction To Accept Affidavit In Sealed Cover In the case of Md. Abdul Gani Ansari vs State of West Bengal and ors Justice Abhijeet Gangopadhyay of the Calcutta HC has made scathing remarks against the order of the Division Bench of the C..

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Top News Headlines 31st Mar 2022: Long Period Of Incarceration Along With No Possibility Of Trial In The Near Future Can Be A Ground For Bail

Long Period Of Incarceration Along With No Possibility Of Trial In The Near Future Can Be A Ground For Bail: Allahabad HC  In the case of Anokhi Lal Second Bail vs State of UP the Hon’ble Allahabad HC has observed that in a case where there is no possibility of the trial being concluded in the near future, ..

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