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Landmark Judgments and Articles on Law

What should a procedure court follow if one spouse alleges that another spouse is the person of unsound mind?

Kerala High Court   PRESENT MR.JUSTICE C.K.ABDUL REHIM MR. JUSTICE R. NARAYANA PISHARADI   R.Narayana Pisharadi, J The petitioner is the husband and the first respondent is the wife. The second respondent is the father of the first respondent. 2. The petitioner has filed O.P.No.360/2018…

Whether the burden of proof is on the person to prove a mistake if he pleads mistake?

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT C.M.S.A(MD)No.05 of 2009 P.Sivakumar Vs S.Beula Pronounced on: 25.02.2021 Coram:  MR.JUSTICE R.SUBRAMANIAN This Civil Miscellaneous Second Appeal arises out of the proceedings under Section 12 of the Hindu Marriage Act launched by the husband seeking a declaration…

SC: Whether court can refuse to entertain a petition filed under the wrong provision of law?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6149 OF 2015 KIRAN DEVI …..APPELLANT(S) VERSUS THE BIHAR STATE SUNNI WAKF BOARD & ORS……RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order passed by the…

SC: Whether a precedent laid down by a coordinate Bench binds subsequent coordinate Benches?

 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 1099 OF 2019 DR. SHAH FAESAL Vs UNION OF INDIA Dated: MARCH 02, 2020 Citation: (2020) 4 SCC 1, 2020 SCCONLINE SC 263 1. These cases pertain to the constitutional challenge before this…

Procedure for deciding objection and guidelines modifying practice of recording of evidence as mandated

IN THE SUPREME COURT OF INDIA CASE NO.:Miscellaneous Petition(crl.) 862 of 2001 Special Leave Petition (crl.) 223 of 2000 PETITIONER:BIPIN SHANTILAL PANCHAL Vs. RESPONDENT:STATE OF GUJARAT AND ANR. DATE OF JUDGMENT: 22/02/2001 BENCH:K.T. Thomas, R.P. Sethi & B.N. Agarwal. JUDGMENT: CLICK HERE

SC: How to ascertain the limitation of filing the petition if the party entitled to get a free copy of the order as per statute has not received it?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 3007-3008 of 2020 Decided On: 18.09.2020 Sagufa Ahmed Vs. Upper Assam Plywood Products Pvt. Ltd. and Ors. Hon’ble Judges/Coram:S.A. Bobde, C.J.I., A.S. Bopanna and V. Ramasubramanian, JJ. Citation: MANU/SC/0697/2020 1. Challenging an order passed by the…

Whether Court should interpret an agreement made between two individuals or entities like a statute?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10372 OF 2018 Shri Bhogawati Sahakari Sakhar Karkhana, Shahunagar (Parite),Tal. Karveer, District. Kolhapur Through its Managing Director … Petitioner Versus Shri Ananda Ishwara Kumbhar And Others … Respondents. Mr. A.V.Anturkar, Senior Advocate…

SC: Court should record evidence in execution of decree proceeding in exceptional circumstances

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1659-1660 of 2021 RAHUL S SHAH Vs JINENDRA KUMAR GANDHI Dated: April 22, 2021. Coram: S.A. BOBDE J, L. NAGESWARA RAO J, S. RAVINDRA BHAT J. Read full Judgment here: Click here

When should the court consider a child born in live-in relationship as child born to a married couple?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943 RPJJ.No.2 OF 2021 REVISION PETITIONER/S: 1 XXXXXXXXXX 2 XXXXXXXXXX BY ADVS. SRI.RAJIT…

SC: What are the parameters for the grant of bail Under the Unlawful Activities (Prevention) Act?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 314-315 of 2021 (Arising out of SLP (Crl.) Nos. 6259-6260 of 2020) Sudesh Kedia …. Appellant (s) Versus Union of India …. Respondent (s) JUDGMENT L. NAGESWARA RAO, J. 1. The Appellant is…


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