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Landmark Judgments and Articles on Law

Whether live in partner can seek maintenance under Domestic violence Act?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1656 of 2015 Decided On: 30.10.2018 Lalita Toppo Vs. State of Jharkhand and Ors. Hon’ble Judges/Coram: Ranjan Gogoi, C.J.I., U.U. Lalit and K.M. Joseph, JJ. 1. The Appellant before us would have an efficacious remedy to…

SAMPLE – DVC Written Argument

IN THE COURT _____________OF CIVIL JUDGE (DISTRICT __________), ____________ SUIT NO. __________ OF 202X   X_______________                                                                                           ….             PLAINTIFF                                                                                 VERSUS     Y_________________                                                                                      …..            DEFENDANT WRITTEN ARGUMENTS FILED ON BEHALF OF THE RESPONDENT That the respondent submits that the petitioner has filed this instant petition…

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

Whether court can convict the accused based on the Statement of Prosecutrix U/S 164 of CrPC if she has not supported the prosecution case?

In the High Court of Bombay (Before Prasanna B. Varale and S.M. Modak, JJ.) Imran Shabbir Gauri Vs State of Maharashtra Criminal Appeal No. 831 of 2015 Decided on March 31, 2021, Citation: 2021 SCC OnLine Bom 511 The Judgment of the Court was delivered by S.M….

Deprived of Financial resources of a widow in a joint family, qualifies as economic abuse can claim Maintenance

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL REVISION APPLICATION (REVN) NO. 64 OF 2015 Smt. Sapna wd/o Nilesh Patel, aged about 38 years, Occupation Household, R/o C/o Shri Marliwar, Dhanora Road, Gadchiroli, Tq. and District Gadchiroli. … APPLICANT VERSUS 1….

Guidelines of supreme court for grant of compensation to child victim under POCSO Act

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.565 OF 2012 NIPUN SAXENA Vs UNION OF INDIA Dated:SEPTEMBER 05, 2018 Subsequent to our order dated 10th August, 2018, the Committee has looked into the suggestions made to the Victim Compensation Scheme…

Refusal to provide maintenance to his qualified & earning wife can not be termed as economic abuse

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDERS. B. CRIMINAL REVISION PETITION No.895/2012. 1. Santosh Sharma S/o Shri Kanhaiya lal Sharma, R/o B/77 Alakapuri, Ratlam (M.P.). 2. Kanhaiya Lal Sharma S/o Shri Chhote Lal Sharma, R/o B/77, Alkapuri,Ratlam (M.P.). 3….

Wife’s Cliche allegations on DV can’t be taken as gospel truth – No DV if she can’t prove

IN THE COURT OF Ms. BHAVNA KALIA: METROPOLITAN MAGISTRATE: MAHILA COURT­ 01: SOUTH DISTRICT: SAKET COURT: NEW DELHI CC No: 92/1/11, 61/16 Jurisdiction of Police Station : Lodhi Colony Silky Gulati W/o Sh. Sandeep Gulati D/o Sh. Ram Prakash Khurana R/o H. NO. D­49, B.K….

Highly qualified daughter studying in UK against her father wishes can not file DV to claim maintenance

Rajasthan High Court Geeta Singh Deo vs State Of Rajasthan And Anr on 17 November, 2016 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.Criminal Revision Petition No.670/2016 Geeta Singh W/o Shri O.P.Meena D/o Late Shri Ramchandra Meena, aged about…

SC : Any person can now be tried under Domestic Violence Act

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10084 of 2016 (ARISING OUT OF SLP (CIVIL) NO. 9132 OF 2015) HIRAL P. HARSORA AND ORS. …APPELLANTS VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS. …RESPONDENTS J U D G M E N T…

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