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Judgements

Earning mother liability towards maintenance (2000-03-28)

Hindu Marriage Act, 1955; S. 26 – Whether earning mother has any liability towards maintenance of the child -- As much the obligation of the father to maintain a minor child as that of the... Read More

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked ------ Held: the allottee cannot be expected to wait for possession of the... 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

Whether Magistrate can interfere into investigation (2007-12-07)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties... Read More

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. (Para 15)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can order for reopening of investigation ------ Held: the Magistrate can order re-opening of the investigation even after the police submits the final report; (Para 16)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. (Para 17)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3)
Cr.P.C., we are of the opinion that they are implied in the above provision.
(Para 24)

Complaint against developer for delayed possession (2018-04-17)

Consumer Protection Act, 1986; Force Majeure -- Complaint against developer for delayed possession – Developer took the plea of Force Majeure on the ground that Authority failed to supply... Read More

Limitation in filing the complaint under the DV Act (2013-10-09)

Protection of Women from Domestic Violence Act, 2005; -- Whether limitation in filing the complaint under the DV Act, 2005 is one year – Held: In case of subsisting relatiohship of husband and... Read More

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act), S. 3(1)(ix), 3(2)(vi) and 3(2)(vii) read with 18 ------ Whether there is an absolute bar to the... Read More

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

Code of Civil Procedure, 1908; O. 6 R. 17 ----- Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit is the question involved herein... Read More

Mutual Divorce: Period of Six months can be waived off (2017-09-12)

Supreme Court observed: where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :... Read More

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:... Read More

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Judgements

Earning mother liability towards maintenance (2000-03-28)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

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

Whether Magistrate can interfere into investigation (2007-12-07)

Complaint against developer for delayed possession (2018-04-17)

Limitation in filing the complaint under the DV Act (2013-10-09)

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

Mutual Divorce: Period of Six months can be waived off (2017-09-12)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

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Judgements

Earning mother liability towards maintenance (2000-03-28)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

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

Whether Magistrate can interfere into investigation (2007-12-07)

Complaint against developer for delayed possession (2018-04-17)

Limitation in filing the complaint under the DV Act (2013-10-09)

Exclusion of provision for anticipatory bail will not apply when no prima facie case is made out (2018-03-20)

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

Mutual Divorce: Period of Six months can be waived off (2017-09-12)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law