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Protection of Women from Domestic Violence Act, 2005: Significant Shifts in Burden of Proof : supreme court
Protection of Women from Domestic Violence Act, 2005: Significant Shifts in Burden of Proof In a recent judgment, the Honorable Supreme Court of India, led by Justice B. R. Gavai, Justice Pamidighantam Sri Narasimha, and Justice Aravind Kumar, made a significant pronouncement on the Protection of Women from Domestic…
Court Grants 10-Day Extension for Surrender in Bail Application Under Section 438 of CrPC: Kerala High Court
Court Grants 10-Day Extension for Surrender in Bail Application Under Section 438 of CrPC In a significant legal development, the court has granted an extension to an individual seeking time to surrender before the Investigating Officer, as per the orders dated 22.12.2023, in a Bail Application. This matter was heard…
Allegations of Adultery Lead to Divorce Under Hindu Marriage Act | Himachal Pradesh High Court Upholds Divorce Decree
Title: Allegations of Adultery Lead to Divorce Under Hindu Marriage Act In a recent legal development, a divorce has been granted under the Hindu Marriage Act, centering around serious allegations of adultery. The case sheds light on the intricacies of matrimonial relationships and the impact of false accusations on…
Grants Emergency Parole Under Section 302 IPC for Inmate to Attend Daughter's Wedding: Kerala High Court
In a significant legal development, the Kerala High Court, led by the Honorable Mr. Justice Bechu Kurian Thomas, has granted emergency parole to a convict under Section 302 of the Indian Penal Code, 1860, allowing him to attend his daughter's wedding. Case Background: Ayshath Sharwana M, aged 25 and the daughter of…
Calcutta High Court Passes Judgment on Compulsory Retirement Case Under Central Civil Services (Pension) Rules, 1972
In a recent judgment, the Calcutta High Court, presided over by The Hon’ble Justice Raja Basu Chowdhury, addressed a writ petition filed under the Constitutional Writ Jurisdiction on WPA 6288 of 2012. The case involved Swapan Kumar Roy against The Union of India & Ors. challenging his compulsory retirement from…
Arbitration and Conciliation Act guided the State of Karnataka to uphold the arbitration award
In a recent landmark judgment, the Karnataka High Court, under the Arbitration and Conciliation Act, has set aside an erroneous modification of an arbitral award. The case involves a civil appeal (No. 8067 of 2019) where the court meticulously examined the judgment passed under Section 34 of the A&C Act and…
Accusing spouse of adultery is cruel: Himachal Pradesh High Court Upholds Divorce on Grounds of Adultery Accusations
In a recent judgment, the Himachal Pradesh High Court upheld a family court's decision to grant divorce to a husband on grounds of cruelty, emphasizing that false accusations of adultery can constitute mental cruelty. The division bench, consisting of Justices Vivek Singh Thakur and Sandeep Sharma, highlighted that…
Supreme Court ruled in land dispute case: Limit not applicable
In a significant ruling, the Supreme Court of India, in its judgment dated January 3, 2024, addressed the matter of Brij Narayan Shukla (D) Thr. LRs. vs. Sudesh Kumar Alias Suresh Kumar (D) Thr. LRs. & Ors. (Civil Appeal No. 7502 of 2012). The case involved a dispute over a 3500 sq. ft. plot in Village Hardoi, Uttar…
Land Acquisition: State Ordered to Pay Compensation and Interest, Bombay High Court
Case Background: In a significant ruling on January 2, 2024, Justices Somasekhar Sundaresan and B. P. Colabawalla delivered a verdict in the matter of Shraddha Talekar vs. State of Maharashtra. The case centered around a land acquisition dispute involving two parcels, namely the 19/2 Land and the 26ABC Land. Key Acts…
The condition of living together for six months is not mandatory for divorce
In a groundbreaking decision, the Punjab-Haryana High Court has ruled that the mandatory six-month cohabitation condition in cases of divorce by consent is not an absolute requirement. The court emphasized its authority to exercise discretion and grant relaxation in this period without the need for a formal trial. The…
