It is the intention of the legislature which is relevant and not the attitude of the party. The principle of estoppels cannot be pressed into service to defeat the provision of Sec. 125 of the Cr PC. In the instant case the evidence on record has be..
The Supreme Court concluded that Even though bigamous marriage is illegal u/s 11 of the Hindu Marriage Act, 1955 but when after such marriage Hindu male and female are living together for a number of years as husband and wife, the child born as a res..
In the present case the Supreme Court held that the daughter is liable to pay maintenance to parents. It was concluded by the court that a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself..
In the present case it was clear that a person alleged to be suffering from any mental disorder cannot be exempted from criminal liability ipso facto. The onus would be on the accused to prove by expert evidence that he is suffering from such a menta..
Courts cannot dispose criminal cases on the basis of plea bargaining, it has to be done on merits. It is the duty of the courts to award proper sentence keeping in mind the nature of offence and the manner in which it was committed. Undue sympathy to..
The Karnataka High Court held that the case is not fit to grant bail, and the petition was dismissed. The single judge bench pointed out that the petitioner is an educated man and is aware of his consequences of his acts. His contents was likely to c..
Several Articles and Provisions of the WADA code related to the presence of the prohibited substances in the system of the concerned athlete and costs incurred in these proceedings along with the period of ineligibility were read and applied in the p..
This climate change lawsuit could have been a potential landmark Law Suit, provided the plaintiffs won. The initial ruling by Judge Aken, considering a person’s access to a ‘climate system capable of sustain human life’ as a constitutional right was ..
The Hon’ble Supreme Court said that where the husband had placed material to show that the wife was earning some income it is not sufficient to rule out the application of Sec. 125 Code of Criminal Procedure. It has to be established that with the am..
R.D. Sharma, the Project Director of a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act filed a complaint against One Rahul Yadav, a Junior Clerk in the Amroha Office and one Omkar Singh alleging that they had embezzled an amou..
In the case of PATEL ENGINEERING LTD.VERSUS NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) (SLP 577 OF 2020), the High Court of Meghalaya passed an order declining to review petitions filed by the petitioner on the ground that there was a del..
Madras High Court in the case of N.Ram and ors. vs UOI and ors., quashed the complaints filed in 2012 against a group of editors and journalists alleging “criminal defamation against the state” in few reports against J Jayalalitha, the then Chief Min..
The Arbitrator found that the errors that were alleged were purely typographical and cannot be assumed to have had an impact on the integrity of the tests that were conducted. These errors were not so fundamental that they require action against the ..
On December 19, 2017, The Minister of Planning was sued by Gloucester Res. Ltd. for the refusal of the application for the Rocky Hill Coal Project (open-cut coal mine)...
It was held by the Gujarat High Court that the magistrate shall have to keep in mind that if the nuisance is not created at a public place no direction can be given under Section 133. Section 133 of the Code of Criminal Procedure provides that, "When..
Principles related to calculation of compensation laid down by the Constitution Bench in case of National Insurance Company Limited v. Pranay Sethi were discussed and applied in the case Triveni Kodkany vs Air India Ltd & others..
The court was of the opinion that, ‘BCCI has its own constitution and functions within its own rules and regulations. The petitioner has no legal right enforceable in a writ proceeding and the petitioner not having any contractual right, there could ..
In the judgment of the case- Jagmail Singh & Another v. Karamjit Singh & Others, delivered on May 13, 2020, a division bench of the Supreme Court consisting of Justice Navin Sinha and Justice Krishna Murari have held that in view of the factual situa..
The court examined the other circumstances and concluded that the Will in question was surrounded by various suspicious circumstances which are material in nature and have gone unexplained. The appeal was therefore dismissed with the cost of Rs. 50,0..
The Court found that the plaintiff does not have a claim for an injunction based on the principle of unjust enrichment or unfair competition. The plaintiffs claim on injunction on all accounts cannot be granted and are precluded statutorily, The Sing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
