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The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bRead More…
The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction. “The right to receive pension has been held to be a right to property protected under Article 300A of the Constitution ” The issue considered by the Apex CouRead More…
The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. In this case, a maintenance petition filed by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had taken place while an appeal filed by herRead More…
The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. On behalf of the acRead More…
Passport can only be impounded by the concerned Passport Authorities. The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The Court was considering the appeal filed by the Enforcement Directorate against the Bombay High Court order upholding the order of Special Judge who direcRead More…
Case Name: Sanjeev Kapoor v. Chandana Kapoor & Ors Case Number: Criminal Appeal Nos. 286 of 2020 Application of Section 362 can be relaxed in proceedings under Section 125. The Supreme Court of India has held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order iRead More…
अनुसूचित जाति, अनुसूचित जनजाति तथा अन्य पिछड़ा वर्ग के आरक्षण से संबंधित सर्वोच्च न्यायालय के नवीनतम फैसले ने अचानक से देश के सियासी पारे को उपर चढ़ा दRead More…
Delay in execution of judgment can’t work in accused’s favour: HC CHANDIGARH: The Punjab and Haryana High Court has made it clear that delay in execution of judgments cannot work in favour of accused-convicts in cases of heinous crimes.SHARE ARTICLE The Punjab and Haryana High Court has made it clear that delay in execution of judgments cannot work in favour of accused-convicts in casesRead More…
High Court of Bombay Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse and Ors. 08.02.2018 Criminal Once the dispute is adjudicated by Competent Courts, it is not necessary for Petitioner to prove same thing again and again in different proceeding The Petitioner-husband had filed Hindu Marriage Petition for dissolution of marriage. It was decided on 24th April, 2006 and the dRead More…
NEW DELHI: The Supreme Court Monday upheld the constitutional validity of SC/ST Amendment Act, 2018 saying a court can grant anticipatory bail only in cases where a prima facie case is not made out. A preliminary inquiry is not essential before lodging an FIR under the act nor is the approval of senior police officials, said a bench headed by Justice Arun Mishra. Justice Ravindra Bhat, the otRead More…
Complying with the Punjab and Haryana High Court’s orders, installation of LED screens has begun at the district courts here. The High Court had ordered all courts in Punjab, Haryana and Chandigarh to install these screens and use video-conferencing facility. Earlier this year, the Supreme Court had also asked all lower courts to do so. The Supreme Court had said video-conferencing facility Read More…
In a judgment that will change the way a wife is compelled to gather information about her estranged husband’s assets and income before seeking maintenance, the Punjab and Haryana High Court today directed Family Courts across Punjab, Haryana and Chandigarh to insist on affidavit of assets, income and expenditure. False information to invite penal action The HC made it clear thatRead More…
Re-examination of a witness u/s311 Crpc-Not to be denied only because case is not covered u/s138 Evidence Act-criteria u/s311 Crpc different than criteria for Sec-138 Evidence Act. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38052-2013 (O&M) Date of decision: 16.01.2019 Read More…