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SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Acquisition of land-- Acquisition of private land by State - Without taking course to acquisition proceedings or following due process of law - Compensation - Appellant/landowner being an illiterate widow from a rural area, was compulsorily expropriated of her property in 1967 without legal sanction or following due..........
KARNATAKA HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A-- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding additional..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award - Setting aside - Work contract - Tribunal though dealt with claims separately under different sub headings, but award is confusing and has jumbled contention, facts and reasoning without appropriate distinction - From perusal of award, inadequate reasoning and basing award on..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to deceased son who died during pendency of proceedings - Liability of father - Son died in a road accident during pendency of proceedings - Father's liability to maintain son continued from date of order till date of his death and thus, liable to pay maintenance to mother as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C-- Deemed Sale - Transfer of right to use tug - Liability to pay tax - Taxable event is transfer of right to use goods regardless of when or whether goods are delivered for use - Deemed sale takes place at site where right to use goods is transferred - It is of no relevance where goods are delivered..........
DELHI HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Denial of ownership of Landlord-Tenant relationship and at same time an offer to pay arrears of rent `to avoid any legal complications', without seeking to indicate who accordingly to him is his actual Landlord, clearly goes to show that such plea being raised by Tenant is not genuine -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Frustration of further agreement - Damages - Vendee relinquished his rights in agreement in between him and vendor to frustrate performance of further agreement - It would be just in these circumstances to award compensation to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty upon husband - Conduct of wife not only towards children but also towards husband would have led to a lot of mental anguish leaving husband to feel deeply hurt and with no other option to bring to an end their marital relationship - Parties are living separately since 2009 -..........

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