A Magistrate has all the powers to order an investigation in a case if the police do not intend to investigate the case. Sections 159 and 157 of the Code of Criminal Procedure provides that a magistrate can order investigation of a case if it falls in the jurisdiction of the magistrate. It is only under
In the case of Jitendar kumar vs State of bihar, the Supreme court emphasized on the need of the assigning reasons for any decision made. In the above case, a petition was dismissed by the High Court without assigning any reason. There was no discussion placed on the submissions made by the Counsel. The reasons laid
The Supreme court upheld the view of the Telangana High Court division bench which upheld the authority of the commissioner under the CGST act to arrest the defaulters under the CGST Act and to reject any interim relief granted to the defaulters The Supreme court conferred with the above view and clarified that anticipatory bail
In a case before the Bombay High Court, the court held that stamp duty cannot be charged retrospectively on the resale of old flats , giving relief to prospective buyers and sellers. The High Court stated that Stamp duty is attracted by the instrument that is the sale deed and is not attracted by the transaction.
In the case of Parimal vs Veena Bharti an ex parte decree was passed where the husband obtained divorce against the wife who had refused the service of notice. There was notice sent by process server which was also refused. A public notice was also served in the newspaper. After all the above, the Court
In the case of Tejaswini vs Aravinda Tejas Chandra, the issue which arose was whether the expression unable to maintain herself meant capable of earning. In this case the wife was a holder of a post graduation degree a MBA graduate, and the maintenance under section 125 of the CRPC was dismissed on the above
An advocate discharges professional services. In no way can the services of an advocate be deemed to be termed as commercial, since an advocate renders service, charges fees whereas in a commercial activity there is a practice of business/trade or commerce. The question whether an advocates office requires registration under the Shops and Establishments Act has
Justice Alexander Thomas, in a recent order set aside the order of the family court directing that the wife will not be entitled to maintenance for one incident of adultery relying on the principle of section 125 and section 488 of the code of criminal procedure. In order to disentitle a wife from maintenance it must
The Supreme Court in the case of Lalita Kumari vs State of UP had to decide upon two issues mainly if the police can register a First Information Report (F.I.R) upon their discretion. Secondly,if the police are entitled to check the truthfulness of the complaint. The Supreme Court cleared the divergent opinions of various High Courts
In the case of N. Sreeramudu, S/O. N. Narayana vs Kum. N. Lahari, decided by the Andhra High Court, the issues faced in this case were mainly two : Whether the judgment and decree of the trial Court enhancing monthly maintenance from Rs.250/- to Rs.1500/- to be confirmed or interfered with in the facts and circumstances? If
In the case of Tilak Kumari & Anr. vs Sh. Anand the Delhi High Court had to determine the interim maintenance under section 18 and 20 of the Hindu Adoption and Maintenance Act. The Court relied on the judgement of K Lalchandani vs Smt Meenu Lalchandani as follows: This court held that wife and children have to
The Supreme Court held that a minor child so long as he is minor can claim maintenance from his or her father or mother. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that however affluent mother
The Supreme Court in the case of Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors, faced the issue of fixation of maintenance.
Th Supreme Court held that :
The wife is aggrieved only because of the paltry amount of maintenance fixed by the court. No set formula can be laid for fixing the amount
In the case of Dr. E. Shanthi vs Dr. H.K. Vasudev, the respondent husband had filed for
divorce. the petitioner wife had filed an application under section 24 of the hindu marriage
act for interim maintenance of Rs 5000 per month and litigation expenses of 50,000/.
The above application under section 24 was dismissed by the
The quantum of maintenance awarded to the wife who is working was reduced as it was an admitted fact that the husband was also paying a maintenance amount to his mother which equaled around Rs. 5000 and the wife was a working woman. The maintenance amount was reduced from 6000 to 5000 per month.