Will -- Scribe - No need to examine scribe of Will - Only legal requirement is examination of one attesting witness...........
Divorce Act, 1869, Section 10(1)(iii), 19 -- Divorce - Unsoundness of mind - Petition by husband - Allegation is about suppression and failure to inform a particular fact cannot be treated as fraud, unless person failing to mention it was under legal obligation to state it - Non-disclosure by wife before marriage that she was suffering from delusion disorder is not a..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review is only to rectify factual or legal error which is apparent on the face of record - Any other aspect which touches the merits of case and would require to re-open the issue again in order to ascertain the factual contentions is completely beyond the scope of review...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of writ petition - Counsel was duly authorized to appear and plead on behalf of petitioners in terms of O.3.R.4 CPC as per Vakalatnama - Counsel while exercising his legal judiciousness decided to withdraw the writ with a liberty to pursue remedies which lie elsewhere -..........
Building and Other Construction Workers Welfare Cess Act, 1996, Section 3, 2(1)(g), 2(1)(i)(iii) -- Recovery of Cess - Cess realized by UPPTCL solely on basis of report of Comptroller and Auditor General (CAG) - UPPTCL has no power and authority and no jurisdiction to realize labour cess under the Act in respect of first contract by withholding dues in respect of other..........
Protection to life and liberty -- Live-in-relationship - Pre-requisite for a live-in-relationship is that couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have arrived at settlement - Entire amount agreed between parties is received by complainant and he has no objection if conviction of accused with respect to offence is quashed - Conviction and sentence set aside - Accused..........
Sexual assault -- Disabled victims - Guidelines issued for disabled victims of sexual assault viz. : (i) National Judicial Academy and State judicial academies are requested to sensitize trial and appellate judges to deal with cases involving survivors of sexual abuse - This training should acquaint judges with the special provisions, concerning such survivors, such as..........
Hindu Minority and Guardianship Act, 1956, Section 8(4) -- Sale of minor's property by mother - Legal necessity of minor does not include necessity of guardian or any other person even in the face of COVID-19 pandemic...........
Hindu Minority and Guardianship Act, 1956, Section 8(2)(a), 8(4) -- Sale of minor's property by mother - Permissibility - Mother seeking permission to sell property of minor not for his legal necessity or benefit of estate, but to tide over financial crisis faced by her and her husband - It is duty and responsibility of parents to take care of minor including his education..........
