Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"MATRIMONIAL & FAMILY LAW" Digest

Matrimonial Dispute – Divorce – Cruelty – Prolonged Separation – Irretrievable Breakdown of Marriage – Divorce Upheld – The husband filed for divorce alleging cruelty and mental illness of the wife, whereas the wife countered with allegations of cruelty by the husband and his family – Both parties failed to establish their respective claims of cruelty with...

Matrimonial Law - Family Courts – Representation by Power of Attorney – Order III Rule 1 CPC – Permissible – Petitioner, a non-resident Indian, sought to prosecute a matrimonial case through a power agent due to travel restrictions – Family Court refused to number the power of attorney petition – Held: Representation through a duly registered/adjudicated power o...

Senior Citizens’ Rights – Eviction of Permissive Occupants – Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Son-in-law of the deceased daughter sought to claim residence in the house owned by his father-in-law – Contended that he contributed towards construction and had adverse possession – Held: The appellant was a permissi...

Matrimonial Law - Wife’s Maintenance – Temporary Employment – Entitlement to Maintenance – The Family Court denied maintenance to the wife on the ground that she was employed on a temporary basis as a Data Entry Operator and earned ₹21,175/- per month – Held: Temporary employment and meagre earnings do not disentitle a wife from claiming maintenance under Section 12...

Matrimonial Law - Divorce – Mental Cruelty – False Allegations Against Spouse – Character Assassination – Divorce Decree Upheld - The respondent-husband sought divorce on the grounds of cruelty and desertion – The Family Court found that the wife made false allegations of fraud, dowry demand, and harassment against the husband – Additionally, during cross-examin...

Criminal Law – Murder – Appeal against conviction - Reliability of Eyewitness Testimony – The conviction of the appellant was primarily based on the statements of two eyewitnesses (PW-4 and PW-5) – Both witnesses made material omissions in their testimonies regarding the stabbing incident – Their statements contradicted each other and were not supported by independent...

Dowry Harassment – Demand for Gold – Section 498A IPC and Section 4 DP Act – Conviction Upheld – The appellant married the complainant (PW-4) on 31.03.2006, but the marriage lasted only three days – It was alleged that the appellant and his family demanded 100 sovereigns of gold, failing which the appellant refused to participate in wedding ceremonies – The High...

Matrimonial Law - Divorce – Cruelty – Section 13(1)(ia) of the Hindu Marriage Act – The respondent-husband filed for divorce on grounds of cruelty, citing that the appellant-wife displayed unruly behavior, threatened suicide, and created disturbances at the matrimonial home – The appellant denied these allegations and, in turn, claimed that she was subjected to physical abu...

Live-in Relationship – Right to Protection – Article 21 of the Constitution – Legal Recognition – Petitioners in live-in relationships approached the court for protection of life and liberty, citing threats from family members and society—Held: Live-in relationships are not illegal, as recognized in multiple Supreme Court judgments (S. Khushboo v. Kanniammal, Indra Sa...

Matrimonial Law - Maintenance – Adequacy of Awarded Amount – Financial Capacity of Husband – Petitioner-wife challenged the maintenance awarded by the Family Court on the ground that the husband earns more than ₹20,00,000 per month from multiple businesses, while she has no independent income—Held: The respondent-husband had suppressed his actual income and financial hold...