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Landmark Judgments and Articles on Law

Whether the court can treat charge-sheet filed against accused in the non-cognizable offence as Complaint case?

IN THE HIGH COURT OF ALLAHABAD Application U/S 482 No. 45609 of 2018 Decided On: 31.01.2019 Santosh Kumar Vs. State of U.P. and Ors. Hon’ble Judges/Coram: Saurabh Shyam Shamshery, J. 1. Applicants have approached before this Court by way of filing instant Criminal Misc. Application…

Whether court can consider uncertified adjustment of Decree out of court U/S 47 CPC?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 3831 of 2000 Decided On: 25.04.2006 Padma Ben Banushali Vs. Yogendra Rathore and Ors. Hon’ble Judges/Coram: Dr. Arijit Pasayat and Tarun Chatterjee, JJ. Citation: AIR 2006 SC 2167 1. Challenge in this appeal is to the…

Whether Appellate court can grant stay to Execution of Decree if application for Condonation of delay is not decided within sixty days?

IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 449 of 2018 Decided On: 24.08.2018 Luis Antonio Romualdo Jesus de Maria Jose De Abreu Vs. Linda D’Souza e Fernandes and Ors. Hon’ble Judges/Coram: Nutan D. Sardessai, J. Citation:(2019) 1 MHLJ 656 1. Heard…

SC : Parental Responsibility Does Not End With Breakdown Of Marriage

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).1670 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S).6201 OF 2016) SOUMITRA KUMAR NAHAR ………APPELLANT(S) VERSUS PARUL NAHAR …….RESPONDENT(S) WITH CIVIL APPEAL NO(S).1671 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S). 16032 OF 2016) J U…

No Evidence of neglect u/s 125, sent back to Family court

Orissa High Court Narayan Sahu vs Sushama Sahu And Anr. on 31 July, 1991 Equivalent citations: 1992 CriLJ 2912 Bench: A Pasayat ORDER A. Pasayat, J. 1. Petitioner assails correctness of order passed by learned Sub-Divisional Judicial Magistrate, Jagatsinghpur (in short the ‘SDJMJ’) in an…

Whether court can entertain objection to Execution of Decree if it is necessary to investigate facts about Jurisdiction of court?

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SC : Mandatory time line for Filing Written Statement is not Applicable to Non-Commercial Suits

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.433 OF 2020 [Arising out of Special Leave Petition (Civil) No. 6217 of 2019] Desh Raj ….. Appellants(s) VERSUS Balkishan (D) Through Proposed LR Ms. Rohini …..Respondents(s) JUDGMENT Leave granted. 2. This Civil Appeal…

DV transfered to Family court to run along with Divorce

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 273 OF 2019 Dr. Santosh Kumar Shetty …. Applicant Vs. Mrs. Smita Shetty & Another …. Respondents Mr. Niranjan Shimpi, Advocate for the Applicant. Mr. A.R. Kapadnis, APP for the State…

Bald allegations in FIR, Bail granted

Gujarat High Court (11 Jan, 2019) Anil Bhawan Vaskeliya vs. State Of Gujarat Mr. Abhaykumar P. Shah (3093) for the Petitioner(s) No. 1 Mr. D.M Devnani, App (2) for the Respondent(s) No. 1 A.Y Kogje, J.:— This application is filed by the applicant under Section…

Divorce by Mutual Consent when wife has withdrawn her Consent for Divorce

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Anil Khatwani vs. Nistha Khatwani S.B.CIVIL MISC. APPEAL NO. 1250/2008 DATE OF JUDGMENT : 10th May, 2012. PRESENT HON’BLE DR.JUSTICE VINEET KOTHARI Dr.Sachin Acharya, for the appellant – husband. Mr. T.R.Singh Sodha, for the…


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