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The Kerala HC has held, in the case of Shyju P.K. vs. Nadeera and Anr. that defence can be struck off for the non- payment of maintenance pendente lite only when the default is deliberate and is wilful. In the instant case, a woman along with her minor daughter (respondents in the current case) filed a petition before ..

In the case of United India Insurance Company Ltd. vs. Smt. Anita Devi and Ors. the Delhi HC has observed that the insurance company cannot avoid it’s liability when the offending vehicle was stolen and was unauthorisedly driven by someone else. In order to avoid the same, the company has to show that there was a wilful breach on the part of the insure..

Article 20(3) Not Violated; Consent Of The Accused Not Necessary To Obtain Voice Sample: Kerala HC The Hon’ble Kerala HC has held in the case of Mahesh Lal N.Y. vs. State Of Kerala that the consent of the accused is not required for the purpose of obtaining their voice sample for comparison, as the same has alre..

The Hon’ble Kerala HC has held in the case of Mahesh Lal N.Y. vs. State Of Kerala that the consent of the accused is not required for the purpose of obtaining their voice sample for comparison, as the same has already been established and is not considered to be a violation of the doctrine of self incrimination as envisaged in Article 20(3) of the Cons..

KEY TAKEAWAY Damnum sine Injuria is a legal principle that refers to damages without injury or damages in which the plaintiff's legal rights have not been infringed upon. In the instance of damnum sine injuria, no action is available because no legal right has been violated. li style="text-align: justify;"..

KEY TAKEAWAYS The case in reference is Sabina Yusuf Lakdawala v. State of Maharashtra & Ors (High Court of Judicature at Bombay) The matter is still pending in court hence, the ruling in this instance is not yet final. Should judges be..

KEY TAKEAWAYS Section 498 A of the Indian Penal Code refers to a woman's husband or a relative of her husband subjecting her to cruelty. In a recent case before the Hon'ble Supreme Court, it was held that advising a wife to adjust to avoid retaliation from her husband ca..

The Hon’ble Kerala HC has held, in the case of Aroon Purie vs. State of Kerala and anr. that the directors of a Company cannot be held criminally liable without any specific averment which indicates their role in the offence committed. The Court relied on the fact that there was no section in IPC (Indian Penal Code) which provides for their vicarious l..

Justice N.S. Sanjay Gowda of the Karnataka HC has held that the illicit adulterous relationship of a spouse cannot be proved by summoning his/her private medical records. In the instant case, a petition for the dissolution of marriage by a decree of divorce was filed by the husband. Simultaneously, proceedings for main..

The Rajasthan HC has, in a case titled Income Tax Contingent Employees Union vs Union of India and ors. has held that a writ petition filed in representative capacity without authorisation or a resolution to that effect is not maintainable. In the instant case, a writ petition was filed on behalf of a Union called Inco..

Rajasthan HC: Writ Petition Filed In Representative Capacity Without Authorisation Not Maintainable The Rajasthan HC has, in a case titled Income Tax Contingent Employees Union vs Union of India and ors. has held that a writ petition filed in representative capacity without authorisation or a resolution to that effect..

What is the Transfer of Property Act The Transfer of property Act was introduced in 1882, before this the transfer of properties were governed by the English Laws in India. This Act is an extension of the Indian Contract Act, 1872 and has 6 chapters with 137 sections. This Act also runs parallel to the Succession Laws in Indi..

The Principal Bench of NCAT (National Company Law Appellate Tribunal) comprising Justice Anant Bijay Singh and Ms. Shreesha Merla, in a case titled M/s Visisth Services Ltd. vs. S.V.Ramani has held that the successful bidder cannot escape his contractual obligations and withdraw his bid after paying the Earnest Money Deposit (EMD) on the ground that the offe..

Taking Daughter-In-Law’s Jewellery For Safekeeping Does Not Constitute Cruelty Under 498A IPC: SC The Hon’ble SC has observed that keeping a daughter in law’s jewellery for safekeeping does not constitute cruelty within the meaning of section 498A of IPC. In th..

A plea has been filed in the Bombay HC challenging section 3 of the Judges (Protection) Act, 1985 that protects Judges from criminal or civil liability with regard to anything done or said by them in discharge of their official duties. The petitioner, Sabina Lakdawala, had filed an application in the Court of 12th Band..