SC: Dismissal of Previous Petition Under S.482 CPC Does Not Bar Filing Of Subsequent Petition
The Supreme Court has held that in case facts justify, the filing of a subsequent petition under Section 482 of the CPC will not be barred by the dismissal of a previous petition under that Section. The decision was given by Justice U U Lalit, along with Justice Indira Banerjee and Justice Ajay Rastogi. The case was of Vinod Kumar, IAS V. Union of India. The Writ Petition filed under Article 32 of the Constitution by the IAS Officer was dismissed and it was stated that there was no reason to entertain the said petition.
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Calcutta High Court: Wife Entitled To Maintenance If She Is Unable To Maintain Herself Even In Case Of Unilateral Divorce
The Calcutta High Court has ruled that under Section 125 of the Code of Criminal procedure, if a wife had initiated the divorce unilaterally but was not able to maintain herself on her own, she would still be entitled to maintenance. The decision was given by Justice Bibek Chaudhuri. The High Court also stated that the wife who was not able to maintain herself would be always entitled to the maintenance till she got remarried. The case was of Rehana Khatoon V. Jargis Hossain. The Sessions Court was directed to issue a new order.
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Punjab And Haryana HC: Parole Can't Be Clipped For Vague Reasons
The Punjab and Haryana High Court has stated that parole is a privilege given to prisoners by the State. It cannot be taken away for vague reasons. A plea had been filed by a convict for the grant of parole to visit his old mother. The decision was given by the Bench of Justice Ritu Bahri and Justice Archana Puri. The case was of Mohd. Sabir V. State of Punjab and Ors. It was stated that for the grant of parole, good behaviour had to be maintained, public peace was not to be disturbed and the prisoner had to behave appropriately during the parole period.
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Madhya Pradesh HC: Accused Seeking To Secure Evidence At Appropriate Stage Of Trial Is Not Unreasonable
The Madhya Pradesh High Court has stated that the accused in a case cannot be denied his right to adduce evidence within the scope of law. In case the accused wants to secure the evidence at the appropriate stage of trial, such action cannot be said to be unreasonable or unwarranted. The case was being heard by the Bench of Justice Subodh Abhyankar. The case was of Ajay Nogare V. State of Madhya Pradesh.
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Guwahati HC: Restriction Of Unvaccinated Persons From Leaving Their Houses Violative Of Article 14, 19 and 21
The State of Mizoram had issued a SOP that placed restrictions upon unvaccinated people and debarred them from going outside, thus depriving them of their livelihood. The Guwahati High Court has held that the aforementioned SOP is arbitrary and illegal and violates Articles 14, 19 and 21 of the Indian Constitution. The decision was given by the Division Bench composed of Justice Nelson Sailo and Justice Michael Zothankhum. It has been stated that the said SOP is almost putting people under house arrest and is thereby discriminatory.
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