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Conversion of the contested Divorce suit to Mutual Divorce (2015-01-07)

Special Marriage Act, 1954; S. 27 and 28 – Conversion of the contested Divorce suit to Mutual Divorce – Held: the learned Judge ought to have allowed the petitioner’s application... Read More

What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. (2016-11-23)

Code of Criminal Procedure, 1973; S. 340 ----- What are necessary conditions for initiation of proceeding under section 340 Cr.P.C. ----- Held: The mere fact that a person has made a contradictory... Read More

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Code of Criminal Procedure, S. 125, 126; ------- Territorial Jurisdiction to file case for maintenance ------- Regarding the place of institution and adjudication of the maintenance proceeding, it is... Read More

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- The Accused offered cheque amount along with interest in accordance with the... Read More

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether bank can refuse to make payment to nominee
Banking Regulation Act, 1949; S. 45ZA – Banking Companies (Nomination) Rules, 1985; R. 2(1) -- Whether bank can refuse to make payment to nominee -- Nomination made by a depositor/account... Read More

An agreement is terminated by one party on account of the breach committed by the other (2017-04-10)

Arbitration And Conciliation Act, 1996; S. 8 ----- Whether termination of agreement by one party on account of breach committed by the other can make the arbitration clause inoperative ----- Held:... Read More

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband... Read More

Adoption by biological mother to her newly married husband (2017-10-04)

Hindu Adoption and Maintenance Act, 1956; S. 9 ----- Giving in Adoption by biological mother to her newly married husband after divorce from the biological father of the child without consent of... Read More

Constitution of India -------- Right to die (2018-03-09)

Constitution of India -------- Right to die ----- Held: (a) The right to die with dignity as fundamental right has already been declared by the Constitution Bench judgment of this Court in Gian Kaur... Read More

Wife must prove that she is being unable to maintain herself (2014-10-28)

Code of Criminal Procedure, 1973; S. 125 – Precondition for grant of maintenance -- Inability to maintain herself is the pre-condition for grant of maintenance to the wife -- The wife must... Read More
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