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Landmark Judgments and Articles on Law

Whether Divorce can be obtained from Foreign court if Marriage is performed as per Hindu marriage Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.28 OF 2015 IN SUIT NO.880 OF 2014 Arunima Naveen Takiar, wife of Naveen Takiar, R/o 203, Building No.16, Solitaire III, Poonam Garden, Mira Road (E), Thane – 401 107…

Whether Section 5 of limitation Act is applicable to filing of execution application?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 5005 of 1999 Decided On: 14.09.1999 West Bengal Essential Commodities Supply Corporation Vs. Swadesh Agro Farming & Storage Pvt. Ltd. and Ors. Hon’ble Judges/Coram:K. Venkataswami and S.S.M. Quadri, JJ. Citation: (1999) 8 SCC 315 1. Leave…

Court has to justify why Maintenance amount is awarded

CALCUTTA HIGH COURT Bench: JUSTICE Sadhan Kumar Gupta SAIBAL DEY Vs. CHAITALI DEY ANR. On 11 May 2006 JUDGEMENT The judgment of the Court was as follows : This revisional application has been preferred against the order dated 22.12.2004 passed under Section 125, Cr.P.C. in…

Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement

Calcutta High Court (Appellete Side) SG CO 1563 of 2018 Natwarlal Mehta -versus- Goswamini Rukmini Bahuji Maharaj with CO 1564 of 2018 Kanhaiyalal Mehta -versus- Goswamini Rukmini Bahuji Maharaj with CO 1565 of 2018 Daulal Mehta -versus- Goswamini Rukmini Bahuji Maharaj Mr Kushal Chatterjee ……

Suppression of fact, unclean hands

Supreme Court of India CASE NO.:Appeal (civil) 2205 of 2007 PETITIONER:Arunima Baruah RESPONDENT:Union of India & Ors DATE OF JUDGMENT: 27/04/2007 BENCH:S.B. Sinha & Markandey Katju JUDGMENT: J U D G M E N T CIVIL APPEAL NO. 2205 OF 2007 [Arising out of SLP…

What is presumption if summons was sent by registered post?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 6489 of 2002 Decided On: 03.10.2002 Basant Singh and Anr. Vs. Roman Catholic Mission Hon’ble Judges/Coram: Y.K. Sabharwal and H.K. Sema, JJ. J U D G M E N T SEMA,J Leave granted. The sole question…

Whether court can permit defendant to adduce evidence if case is closed for judgment?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 768 of 1963 Decided On: 13.12.1963 Arjun Singh Vs. Mohindra Kumar and Ors. Hon’ble Judges/Coram: B.P. Sinha, C.J., A.K. Sarkar and N. Rajagopala Ayyangar, JJ. Citation:AIR 1964 SC 993 1. This is an appeal by special…

When burden of proof is not on state to prove that particular person is foreigner?

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WRIT PETITION (C) NO.1396/2011 Petitioner :Smti. Roimon Nessa, Vs Respondents :State of Assam, BEFORE HON’BLE MR. JUSTICE UJJAL BHUYAN. Date of Judgment : 28.02.2014. W .P (C) N o. 1396 of…

Whether suit is liable to be dismissed if there is non compliance of order of court?

Supreme Court of India PETITIONER:BABBAR SEWING MACHINE CO. Vs. RESPONDENT:TRILOK NATH MAHAJAN DATE OF JUDGMENT07/08/1978 BENCH: SEN, A.P. (J) BENCH: SEN, A.P. (J) SINGH, JASWANT DESAI, D.A. ACT: Defence in a suit, striking out of for non-compliance With order for discovery Civil Procedure Code 1908,…

Duties of the court in curbing frivolous and vexatious cases.

Supreme Court of India PETITIONER:T. ARIVANDANDAM Vs. RESPONDENT:T. V. SATYAPAL & ANOTHER DATE OF JUDGMENT14/10/1977 BENCH:KRISHNAIYER, V.R.SINGH, JASWANT CITATION: 1977 AIR 2421 1978 SCR (1) 742 1977 SCC (4) 467 ACT: Civil Procedure Code (Act V. 1908), section 35A, Order VII, rule 11 and 10-Duties…


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