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Landmark Judgments and Articles on Law

Definition of wife – Who can be a Wife

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C.1105/2009 Order reserved on: 06th February, 2014. Order pronounced on : 25th February, 2014. POONAM ….. Petitioner Through: None. versus V.P.SHARMA ….. Respondent Through: None. CORAM: HON’BLE MS. JUSTICE DEEPA SHARMA JUDGMENT 1. This matter although…

FIR lodged on mere basis of taking revenge against wife’s maintenance petition, liable to be quashed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 994 OF 2018 (arising out of SLP (Crl.) No. 1823 of 2017) Anupriya Pal & Others ..Appellants Versus State of U.P. & Anr. ..Respondents ORDER Leave granted. 2. This appeal is filed by…

Offence of personal nature cannot be considered as one against society and is compoundable

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application No. 11442 of 2018 IN Criminal Miscellaneous Application No. 498 of 2015 Asish Makhijani & others … Applicants Vs State of Uttarakhand & another … Respondents Mr. Hemant Mehra, Advocate holding brief of Mr. Vivek…

Appeal filed along with application for condonation of delay when dismissed is a decree within Section 2(2) CPC

HIGH COURT OF ORISSA: CUTTACK CMP No.974 of 2018 In the matter of an application under Article 227 of the Constitution of India. Jitendra Naik …. Petitioner Versus Radhyashyam Naik & others …. Opp. Parties For Petitioner … Mr. Prasanna Ku. Parhi, Adv. PRESENT: THE HONOURABLE…

Quantum of Maintenance granted should always be reasonable

HIGH COURT OF JAMMU & KASHMIR AT JAMMU CRMC No.775/2018 IA No.1/2018 Date of order: 18.12.2018 Krishan Singh vs Jyoti Jamwal and anr Coram:Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel: For petitioner/appellant (s) : Mr. C.M.Gupta, Advocate For respondent(s) : 1. Heard. 2….

Whether arbitrator can decide claim for recovery of licence fees?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Misc. Civil Appln. Nos. 1385 to 1395 of 2017 Decided On: 05.04.2018 Concept Resources, Nagpur Vs. Om Associates, Nagpur Hon’ble Judges/Coram: Z.A. Haq, J. Citation: 2018(6) MHLJ 207 1. Heard. By this application under section 11(6) read…

Whether court should consider merits of case while deciding application for condonation of delay

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Civil Application No. 14168 of 2016 and Civil Application No. 14771 of 2016 in Second Appeal No. 275 of 1988 Decided On: 18.06.2018 Asaram Shivaji Patole Vs Brijmohan Hon’ble Judges/Coram:P.R. Bora, J. Citation: 2018(6) MHLJ 122 1….

Whether a plea can be taken in argument in appeal in absence of pleading?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 1491 of 2018 (Arising out of Diary No. 35797 of 2017) Decided On: 01.02.2018 Ashwini Kumar Handa Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: 2018(6) MHLJ 25 1….

Section 498-A IPC is continuing offence; wife not barred to claim maintenance under DV Act even after 3 years

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 5th December, 2018 W.P.(CRL) 2325/2017 and Crl. M.A. No.13146/2017 (stay) ANTHONY JOSE ….. Petitioner Represented by: Ms. Bina Madhavan and Ms.Akanksha Mehra, Advocate. versus STATE OF NCT OF DELHI & ORS ….. Respondents Represented…

Whether plaint can be rejected if it is barred by limitation?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 4766 of 2001 Decided On: 11.07.2006 Ramesh B. Desai Vs. Bipin Vadilal Mehta and Ors. Hon’ble Judges/Coram: Ashok Bhan and G.P. Mathur, JJ. Citation: (2006) 5 SCC 638 1. This appeal, by special leave, has been…

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