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Landmark Judgments and Articles on Law

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…

Whether Family Courts empowered to receive evidence that is collected in breach of privacy of a party?

IN THE HIGH COURT OF DELHI AT NEW DELHI Dated : 30th June, 2020 CM(M) 40/2019 and CM APPL.No.1226/2019 DEEPTI KAPUR ….. Petitioner Through : Mr. Rakesh Vats, Advocate versus KUNAL JULKA ….. Respondent Through: Ms. Kaadambari Singh Puri,Advocate with Ms. Lovina Ropia,Advocate CORAM: HON’BLE…

Whether accused can be Prosecuted for abetment of suicide if suicide note bears his name?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Criminal Writ Petition No. 164 of 2018 Decided On: 30.01.2019 Gulab Vs. The State of Maharashtra and Ors. Hon’ble Judges/Coram: S.S. Shinde and R.G. Avachat, JJ. 1. Rule. Rule made returnable forthwith. With the consent of learned…

Whether the court can take cognizance of offence if the police have filed chargesheet against accused in the Non-cognizable crime?

IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH) Criminal Petition Nos. 100319 and 100326 of 2014 Decided On: 25.07.2014 Moin Basha Kurnooli Vs. The State of Karnataka Hon’ble Judges/Coram: K.N. Phaneendra, J. 1. All the above said 43 Criminal Petitions are clubbed and taken up…

Whether notary who acts contrary to procedure under notaries act can claim Immunity from Prosecution?

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020 CORAM :MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.2669 of 2020 and Crl.M.P.(MD) Nos.1396 and 1399 of 2020 Ganapathyvaratha Subramanian Vs. The State rep by The Inspector of Police, Samayanallur Police Station,Madurai District. Kader Beevi, the defacto complainant…

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