Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Karnataka High Court Bench: K.N.Phaneendra Gurudev S/O. Hanamant Gurav vs Jayashree W/O. Gurudev Gurav on 8 January, 2014 Law Point: Bar on filing DV after 1 year as per section 468 CrPC JUDGEMENT 1. Though this petition is posted for admission, with the consent of both the Counsels, the matter is heard on merits. 2. […]
Court: Delhi High Court Bench: JUSTICES Pradeep Nandrajog and Justice mukta Gupta Raj Kumar vs State on 19 April, 2016 Law Point: Mobile Phone used as a camera, containing material photograph admitted without certificate u/s Section 65-B Indian Evidence Act, falls under primary evidence. JUDGEMENT 1. Battered and tormented, Gudia has been held to have suffered a […]
Court: Supreme Court of India Bench: JUSTICE Shiva Kirti Singh Prakash Nagardas Dubal-Shaha Vs. Sou. Meena Prakash Dubal Shah and Ors. Law Point: Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under DV act. JUDGEMENT 1. By the impugned judgment and order dated 24.1.2013 the learned Single Judge of High Court of Judicature […]
Court: Supreme Court Of India Bench: Justice Prafulla C. Pant Shamsher Singh Verma vs State Of Haryana on 24 November 2015 Law Point: Compact Disc (CD) is a Document and can be admitted in Evidence JUDGEMENT This appeal is directed against order dated 25.8.2015, passed by the High Court of Punjab and Haryana at Chandigarh, whereby […]
Court: High Court Of Delhi Bench: JUSTICE Manmohan Singh S.K. Saini & Anr vs C.B.I. on 19 August, 2015 Law Point: Audio, Video not submitted with certificate u/s 65B of Indian Evidence Act, inadmissible and cannot be relied upon JUDGEMENT 1. The present appeal has been filed by the appellants under Section 374 Cr.P.C. for setting […]
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Vikas Shukla vs Central Bureau Of Investigation & on 20 November, 2014 Law Point: Electronic record only admissible in evidence when it was in accordance with procedure prescribed under section 65B of Indian Evidence Act, 1872 JUDGEMENT 1. In the above captioned two petitions, the challenge is […]
Court: Orissa High Court Equivalent citations: AIR 1967 Ori 163 Bench: R Das, G Misra Akasam Chinna Babu vs Akasam Parbati And Anr. on 10 January, 1967 Law Point: Permanent alimony cannot be granted to a party without a decree under the Hindu Marriage Act. JUDGEMENT 1. The plaintiff-appellant is the husband of defendant-respondent No. […]
Court: Supreme Court of India Bench: D.P. Mohapatra, Doraiswamy Raju Adhyatma Bhattar Alwar vs Adhyatma Bhattar Sri Devi on 6 November 2001 Law Point: Desertion- Held, the essential ingredients of, are (i) separation in fact and (ii) animus deserendi, the intention of bringing cohabitation permanently to an end by the deserting spouse, and on behalf […]
Court: High Court Of Delhi Bench: JUSTICES Sanjiv Khanna and Justice R.K.gauba Kundan Singh vs The State on 24 November, 2015 Law Point: Provision under 22A of Indian Evidence Act to be only used when genuineness of electronic evidence is in question. CDRs used for Conviction. JUDGEMENT 1. In this appeal, Kundan Singh challenges judgment dated 18th […]
Court: High Court Of Delhi Bench: JUSTICE Aruna Suresh Ikjot Chatwal vs Balbir Chatwal on 3 February, 2010 Law Point: Wife independent, having business and source of income, denied maintenance JUDGEMENT 1. Petitioner has filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as the „Act‟) seeking divorce on the […]