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Landmark Judgments and Articles on Law

RETURN INTERIM MAINTENANCE – Application under the DV Act was not maintainable

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th JUNE, 2021 IN THE MATTER OF: CRL.M.C. 264/2021 & CRL.M.A. 1352/2021 (Stay) PARVEEN TANDON ….. Petitioner Through Mr. Utkarsh and Ms. Anshu Priyanka, Advocates versus TANIKA TANDON ….. Respondent Through Mr. Kamal…

Whether court can permit filing of Affidavit of Examination in chief in proceeding u/s 12 of Domestic violence Act?

IN THE HIGH COURT OF BOMBAY Writ Petition No. 2938 of 2017 Decided On: 22.03.2018 Aniket Subhash Tupe Vs. Piyusha Aniket Tupe and Ors. Hon’ble Judges/Coram: Anuja Prabhudessai, J. Citation: 2018 CriLJ 3316,MANU/MH/0537/2018 1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith…

When court should not review an order on ground of Discovery of new Evidence?

IN THE HIGH COURT OF MADRAS Review C.M.P. No. 117 of 1994 in S.A. No. 839 of 1994 Decided On: 20.02.1996 Shanmugam Servai Vs. P. Periyakaruppan Servai Hon’ble Judges/Coram:N. Arumugam, J. Citation: AIR 1996 Mad 411 1. Heard. Seeking the review of the judgment delivered…

Magistrate can review Maintenance Order

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.286 OF 2020 (ARISING OUT OF SLP(CRL.)NO.1041 OF 2020) SANJEEV KAPOOR … APPELLANT VERSUS CHANDANA KAPOOR & ORS. … RESPONDENTS J U D G M E N T ASHOK BHUSHAN, J. This appeal has…

Worngful Prosecution (Miscarriage of Justice): Legal Remedies – Law commission

The Law Commission of India submitted its Report No. 277 titled ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ to the Government of India on 30th August, 2018. The High Court of Delhi in its Order dated 30th May, 2017 in the case of Babloo Chauhan…

False accusations – Acquitted in Section 498-A

Bombay High Court Vandana vs Shridhar Kisan Pise And Ors. on 24 September, 2003 Equivalent citations: I (2005) DMC 275 Bench: P Brahme JUDGEMENTS CITED: 1. 2002(4) Mh.L.J. 5, Girdhar Shankar Tawade v. State of Maharashtra 2., Kishan Swaroop v. Government of NCT of Delhi 3.1999 (1)…

Whether decree can be reversed on ground that appellate court has failed to frame points?

IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 127 OF 2017 Shablo Govind Gaude Vs Kashinath Govind Gaude Coram : C.V. BHADANG, J. Date : 14 th JUNE 2018 The challenge in this appeal, is to the concurrent findings of the Courts…

Speedy Trial, testimony of witness u/s. 309

IN THE SUPREME COURT OF INDIA CASE NO.:Appeal (crl.) 392 of 2001 Appellants: State of U.P. vs. Respondent: Shambhu Nath Singh & Ors. Hon’ble Judges: K.T. Thomas and Mr. R.P. Sethi, JJ. ORDER Thomas, J. 1. Leave granted. 2. Witnesses tremble on getting summons from…

Whether bail granted on irrelevant material can be cancelled?

IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : MAY 31, 2017. CRL.M.C. 844/2017 CRL.M.A.No.3554/17 ROHIT BANSAL Vs STATE ANR. CORAM:HON’BLE MR. JUSTICE S.P.GARG 1. The instant petition under Section 439(2) read with Section 482 Cr.P.C. has been preferred by the petitioner-Rohit…

Earning Capacity of a Man as per Delhi smallest salary act to compensate Maintenance

IN THE COURT OF DR. SATINDER KUMAR GAUTAM, SPECIAL JUDGE;NDPS SOUTH DISTRICT, SAKET Criminal Appeal No. 98/2017 CNR NO. DLST01­002920­2017 Smt. Seema ……….appellant w/o Sh. Amit D/o Sh. Ganga Singh r/o H. No. 16/157, Shahid Camp Dakshin Puri, New Delhi ­ 110062 versus Amit ……….respondent…

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