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Landmark Judgments and Articles on Law

Whether husband can be prosecuted under S 304B and S 498A of IPC even if he is not legally married with prosecutrix?


Whether the court can stay the application of the husband for custody or access to the child until he pays interim maintenance to his wife and child?

IN THE HIGH COURT OF BOMBAY Notice of Motion No. 1554 of 1992 in Interim Petn. No. 32 of 1990 in Custody Petn. No. 31 of 1990 Decided On: 24.07.1992 Vinodchandra Gajanan Deokar Vs. Anupama Vinodchandra and Ors. Hon’ble Judges/Coram: B.N. Srikrishna, J. Citations: AIR…

Whether the court can give divorce to the husband on the ground that the wife has filed a criminal complaint after filing for Divorce.


Bombay HC: Bail to accused under POCSO Act overrides S. 14-A of SC/ST Act

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 817 OF 2020 Suraj S. Paithankar V/s. The State of Maharashtra CORAM : BHARATI DANGRE, J. DATE : 3rd JULY 2020. On 19/06/2020, this Court (Coram: Sarang Kotwal, J.) recorded an…

Whether provision of withdrawal of suit with liberty to file fresh suit is applicable to appeal?

IN THE HIGH COURT OF DELHI W.P. (C) 9846/2018, CM Appl. 38370-38371/2018, Decided On: 06.05.2020 Kamla Sharma Vs. North Delhi Municipal Corporation Hon’ble Judges/Coram: Jayant Nath, J. 1. This writ petition is filed by the petitioner seeking to impugn the show cause notice dated 15.09.2014,…

Whether a husband can seek divorce against his wife on the ground of cruelty if he had filed a petition for restitution of conjugal rights?

IN THE HIGH COURT OF DELHI M.A.T. App. (F.C.) 65/2020 and C.M. No. 7957-58/2020 Decided On: 01.05.2020 Jitender Kumar Vs. Kamlesh Hon’ble Judges/Coram: Hima Kohli and Asha Menon, JJ. 1. This appeal has been preferred by the appellant/petitioner against the order of the learned Family…

When defendant is not entitled to claim temporary injunction without filing counter claim?

IN THE HIGH COURT OF KARNATAKA Writ Petition Nos. 58906 of 2013 and 16412 of 2014 (GM-CPC) Decided On: 05.09.2014 Shakunthalamma Vs. Kanthamma Hon’ble Judges/Coram: N. Kumar, B.S. Patil and Rathnakala, JJ. 1. These writ petitions are placed before us by the Hon’ble Chief Justice…

Principles for Guidance on the Burden of proof

IN THE HIGH COURT OF DELHI W.P. (C) 3324/2019, CM No. 15291/2019, W.P. (C) 7334/2019, Decided On: 20.05.2020 Prithvi Singh Vs. Asst. Commissioner (South), Govt. of NCT of Delhi and Ors. Hon’ble Judges/Coram: Navin Chawla, J. 1. The present set of petitions challenge the orders…

Delhi HC: Parameters for grant of bail to accused prosecuted for Dowry death

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st May 2020 BAIL APPL No. 875/2020 SHYAM KISHOR Vs THE STATE. CORAM: JUSTICE PRATHIBA M. SINGH Crl. M.A. Nos. 6226-27/2020 1. These are applications for exemption from filing dim documents and annexures…

Whether suggestions given by Advocate for accused to prosecution witnesses is binding on accused?

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 901/2018 SUBHASH Vs STATE Date of Decision: 08th May, 2020 CORAM: MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL MANMOHAN, J: 1. Present appeal has been filed by appellant-convict challenging the judgment dated 29th…

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