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Hindu Marriage Act, 1955 - Section 28(1) - Section 11 - Marriage with Minor girl cannot be nullify -

appellant had not attained the age of 18 years - clause (iii) of Section 5 of the Act which provides that the bride has to be 18 years of age at the time of marriage, has been omitted from the purview of Section 11 of the Act. Thus, Section 11 of the Act has no application to the fact situation of the case. (CDJ 2023 Kar HC 124)

28th January 20 Read More
Physically fit Husband cannot seek maintenance from the Wife -

the petitioner/Husband is an able bodied man and does not suffer from any disability or infirmity- Hence, the petitioner/husband must remember that ‘it is better to wear out; than rust out’. The petition is dismissed.(CDJ 2023 Kar HC 119)

25th January 20 Read More

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Indian Admiralty law made as Easy as ABC by - Justice Abdul Quddhose, Madras High Court

In many ways, the concept of Admiralty law is more or less similar to the law relating to properties on land and only the terminologies...

16 May 2022 Read More
THE TWO CHILD NORMS - A FLASH BACK by - P.B. Sahasranaman, Advocate

Over 34 years of practice as a lawyer, with focus on Environmental Laws in India. Expertise includes Coastal Regulation Zone (CRZ) and other ...

16 May 2022 Read More
WHETHER EUNUCH ARE RECOGNISED AS LEGAL ENTITY IN INDIA by - SHARDA

Constitution of India provides various rights to "persons." Person means artificial and natural person. Natural person include all human being.

16 May 2022 Read More

Latest Judgements From High Courts

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The State of Rajasthan, Through The Principal Secretary,Medical And Health Department, Jaipur & Others Versus Gajendra Narayan Patidar & Others - High Court of Rajasthan, Jodhpur Bench - DT : 19-05-2022

These special appeals (writ) involve common question of law and were clubbed together. However, as the same are directed against different orders passed by learned Single Bench and involve distinct factual issues, the same are being decided separately...

by CDJ | 21 May 2022

Namita Valla Versus The State of West Bengal - High Court of Judicature at Calcutta - DT : 19-05-2022

This appeal has been preferred by the convict appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, assailing judgment and order of conviction dated 15.9.2003 and sentence dated 16.9.2003 passed by learned Judge Special Court under NDPS Act Birbhum, Suri, in connection with CCase ..

by CDJ | 21 May 2022

Jaganath Hiroji Rawool & Others Versus C.J. Jogy & Others - In the High Court of Bombay at Goa - DT : 20-05-2022

These two appeals are directed against the judgment and award dated 29.04.2015 in Claim Petition No.46/2010, by which the Motor Accident Claims Tribunal (Tribunal) awarded compensation of Rs.15,80,000/- to the Claimant Mr. C.J. Jogy for injuries suffered by him in a vehicular accident. The First App..

by CDJ | 21 May 2022

Raj Bala Versus State of NCT & Others - High Court of Delhi - DT : 20-05-2022

Criminal Procedure Code - Section 482 - The petitioner had, along with her complaint, filed an application under Section 156(3) of the Code of the Criminal Procedure, 1973 (for short, “Cr.P.C.”) seeking directions to the police for the registration of an FIR for the commission of offences under ..

by CDJ | 21 May 2022

FROM CDJ CITATIONS

The Secretary, Local Self Government Department & Others Versus K. Chandran - Supreme Court of India - DT :15-03-2022 Prevention of Corruption Act, 1998 - Sections 7, 13(1)(d) read with Section 13(2) - Service Matter - Death-cum-Retirement Gratuity - Claim for -

When can be granted - Respondent in appeal was working as Village Extension Officer, in course of his employment Vigilance Department registered a crime alleging that he had received Rs.500 as bribe and he was suspended from service and was later reinstated in service - He retired from service on superannuation while working as General Extension Officer - On conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before High Court, is employee still entitled to release of his Death-cum-Retirement Gratuity is the moot point arising for consideration in the present appeals - In view of there being a divergence of opinion, Division Bench considered it appropriate to refer matter to a larger Bench as two applications before KAT had produced different results.

Read More21 May 2022

State of Punjab & Others Versus Dev Brat Sharma - Supreme Court of India - DT :16-03-2022 Court Fees Act, 1870 - Section 7 –Code of Civil Procedure, 1908 - Section 96, Order 7 Rule 11, Section 80, Section 151, Section 115 – Dificiency in court fees –

Applicability of Section 7 of Act, 1870 in Money suit - Money suit for compensation/damages filed – High Court allowed the revision petition filed by the respondent Dev Brat Sharma and further proceeded to reject the application of the appellant under Order 7 Rule 11 read with Section 151 of Code of Civil Procedure after setting aside the order dated 10.11.2016 passed by the Trial Court holding that the respondent (plaintiff before the Trial Court) was required to make good deficiency in the Court fees on the amount of Rs. 20 Lakhs claimed by him as compensation

Read More21 May 2022

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