In the case of State of MP vs. RD Sharma the Hon’ble SC has held that ‘Equal Pay for Equal Work’ is not a fundamental right vested in any employee, but is certainly a constitutional goal which is to be achieved by the Government. In the instant case, a writ petition was filed before the Delhi HC by th..
In the case titled K Ravi Prasad Reddy vs. G Giridhar the Hon’ble Andhra Pradesh HC has held that section 52 of the Transfer of Property Act which incorporates the doctrine of lis pendens does not operate as a bar to the grant of temporary injunction prohibiting the alienation of the suit property. In the instant..
In the case of Maam Gujjar @ Maam Hussain vs. State of Punjab the Hon’ble Punjab and Haryana HC has held that a mere allegation that the wife is of easy virtues does not indicative that she abetted the suicide of her husband, in the absence of a dying declaration or a suicide note allegeing the same. In the insta..
Easy Character Of Wife Not Indicative Of Her Abetting Her Husband’s Murder; Mens Rea Necessary: Punjab And Haryana HC In the case of Maam Gujjar @ Maam Hussain vs. State of Punjab the Hon’ble Punjab and Haryana HC has held that a mere allegation that the wife is of easy virtues does not indicative that she..
KEY TAKEAWAYS A live-in relationship is a domestic cohabitation between a man and a woman, or, in some situations, two people of the same sex, and have no legal obligations or responsibilities to one another. There is no law binding the couples in a live-in relationship and each..
KEY TAKEAWAYS Sections 96 to 99A; 107 to 108; and Order 41 of the Code of Civil Procedure deals with first appeals from initial rulings. Appeals from convictions, are all outlined under Sections 372,373 and 374 of the CRPC CCP’s Sect..
KEY TAKE AWAYS When a Proposal is Accepted it becomes a Promise. When that Promise is met with Consideration that then becomes an Agreement. And finally, when that Agreement is enforceable by law it is said to be a Contract. Void, valid contract, Void contracts and Voidable cont..
Not Taking Treatment For Mental Issues To Bring Peace To The Family Amounts To Cruelty: Kerala HC The Hon’ble Kerala HC has described the scope and ambit of cruelty while granting a decree of divorce in the case of Mary Margret vs Jos P Thomas and has held that not taking treatment for mental issues in order to bring pe..
The Orissa HC has, in the case of Surendra Kumar Sahoo vs State of Odisha, held that the Tata Power Company Limited (TPCL), though not a State within the meaning of Article 12 of the Constitution, is nevertheless an authority within the meaning of Article 226 of the Constitution and is thus subject to the writ jurisdiction of the HC. li style="text-a..
The Hon’ble Kerala HC has described the scope and ambit of cruelty while granting a decree of divorce in the case of Mary Margret vs Jos P Thomas and has held that not taking treatment for mental issues in order to bring peace to the family home will amount to cruelty. The Court also held that there could not be different scales to measure what would be cruelty under Hi..
The Rajasthan HC, in Parul Khurrana vs. The High Court of Judicature for Rajasthan & anr. has held that there is nothing in law that allows for a woman, not yet divorced, to seek reservation under the ‘Divorcee Female’ category. In the instant case, the petitioner had filed a writ petition as her candid..
In a case titled Ramesh vs State Through Dy RFO the Karnataka HC has said that once an accused appears before the Court either personally or through his pleader, he cannot seek an anticipatory bail under section 438 of CrPC. In the instant case the Deputy Range Forest Officer seized three monitor lizards and three gray..
Order VIII Rule 1: Delayed Filing Of Documents By Defendants Not Permissible Without Court’s Leave: Delhi HC The Delhi HC has reiterated in Jindal Stainless (Hisar) Ltd. vs. Sourabh Jinal and ors. that order VIII rule 1A(3) clearly stipulates that the documents which should have been produced before the Court bu..
KEY TAKEAWAYS Order I Rule 8 of the Code deals with the representative suit, which allows a single suit to be filed on behalf of multiple people who are interested in the subject matter. A PIL has a broader scope and can be brought on behalf of the entire community when their le..
The Delhi HC has reiterated in Jindal Stainless (Hisar) Ltd. vs. Sourabh Jinal and ors. that order VIII rule 1A(3) clearly stipulates that the documents which should have been produced before the Court but have not been so produced, shall not be produced at the stage of hearing without the leave of the Court. The suit ..
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