Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
Read more at: http://www.livelaw.in/application-to-set-aside-ex-parte-divorce-decree-wont-be-rendered-infructuous-merely-because-the-spouse-remarried-in-the-meanwhile-kerala-hc-read-judgment/
Wife’s Lawyer Can’t Seek Husband’s Salary Details Through RTI, Says Bombay HC [Read Judgment]
Read more at: http://www.livelaw.in/wifes-lawyer-cant-seek-husbands-salary-details-through-rti-says-bombay-hc-read-judgment/
Strict proof of marriage not needed for ‘maintenance’ proceedings under section 125 CRPC, reiterates Supreme Court
Kamala And Others v. M.R. Mohan Kumar (Criminal Appeal Nos. 2368-2369 Of 2009)
The bench comprising Justice R. Banumathi and Justice Indira Banerjee, said the oral evidence given by the ‘wife’ coupled with documents raise a strong presumption of a valid marriage
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Family Courts Act – Failure to pay maintenance can be ground to strike off defence of husband in respect of a proceeding instituted by wife for return of gold ornaments and money ---- 2018 (4) KHC 639 (DB)
Application filed by Public Prosecutor – Magistrate allowing withdrawal from prosecution – Challenging the withdrawal, third parties filing revision before High Court – Held, maintainable ---- 2018 (4) KHC 715 (SC
Food Safety and Standards Act — There is no bar for prosecution under Penal Code merely because provisions in the FSS Act prescribe penalties ---- 2018 (4) KHC 647 (SC)
SARFESI Act — limitation period does not apply to re-presentation of appeal before DRT ---- 2018 (4) KHC 663
MACT — In each case, what is required to be seen is whether there is some causal relation or the event is related to the act – Commission or omission must have some nexus with the accident ---- 2018 (4) KHC 690 (SC)
ID Act – Retired workman of erstwhile Lord Krishna Bank Ltd. – Demand to calculate pension in accordance with settlement – Government rejecting representation – Not proper ---- 2018 (4) KHC 660
Writ petitioner seeking to obtain interim order by misleading Court – In such cases, permission sought for withdrawal need not be granted and dismissal of writ petition imposing exemplary costs is inevitable – Court imposes exemplary costs ---- 2018 (4) KHC 703
Co-operative Society – Apportionment of cost of enquiry or inspection – Joint Registrar is not justified in demanding expenses from the Society ---- 2018 (4) KHC 657 (DB)
Arbitration – Application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the Arbitrator ----2018 KHC 6611 ----- 2018 (4) KHC (SC) (SN) 9
Granting mandatory relief at an interlocutory stage – Court has to be very cautious in passing such an order ---- 2018 KHC 6615 -- 2018 (4) KHC (SC) (SN) 10
Arbitration clause has to be interpreted strictly -----2018 KHC 6618 ---2018 (4) KHC (SC) (SN) 11
MV Act – Stage carriages – Modification of earlier scheme in a manner different from what was proposed in the draft scheme – Non-permissibility of ---- 2018 (4) KHC 617 (DB)
Flex and billboards – Court issues directions to remove illegally erected boards on a war-footing ---- 2018 (4) KHC 626
IT Act - Whether property an agricultural land – Intention of the assessee is of great importance at the time of purchase of land and the use to which the land is put to in the interregnum; before the sale ---- 2018 (4) KHC 630 (DB)
In a proceeding instituted by wife for realisation of value of gold ornaments and cash, wife cannot claim interim maintenance ---- 2018 (4) KHC 639 (DB)
ID Act – Breach of settlement – Circumstances under which Central Government is bound to file a complaint – Enumerated ---- 2018 (4) KHC 660
Interpretation of Statutes – When there is a substitution, unless the same is expressed to be prospective, Courts could always interpret it to be retrospective, looking at the scheme of the enactment, purpose and object of the amendment ---- 2018 (4) KHC 666 (DB)
