Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

"MATRIMONIAL LAW" Digest

Family Court Appeal – Divorce on grounds of mental cruelty and allegations of illicit relationships – Husband seeking dissolution of marriage – Allegations of extra-marital affair made by wife in written statement – Husband’s failure to prove instances of cruelty claimed – Husband also alleging mental cruelty based on false allegations in wife’s pleadings ...

Maintenance and Marriage Expenses – Civil Appeal – Maintenance and marriage expenses claim by the daughter from the estate of Palavali Viswanath – High Court upholds trial court’s award of past and future maintenance, as well as marriage expenses, recognizing the 2nd plaintiff as the legitimate daughter of the deceased based on DNA evidence – Past maintenance of Rs. 2...

Matrimonial Law - Marital Discord – Grant of Divorce – Cruelty and Desertion – The High Court granted a decree of divorce in favor of the husband on the grounds of cruelty and desertion. The wife's involvement in multiple criminal cases against the husband and his family, along with her failure to disprove desertion, led the Court to conclude that the marital relationship was...

FIR for Offences under IPC and Dowry Prohibition Act – Allegations of dowry demands, physical abuse, and mental cruelty by husband and in-laws – FIR lodged in Jabalpur, transferred to Bhopal for investigation, trial pending at Bhopal – Petitioner seeks transfer back to Jabalpur [Paras 1-2, 12].   Mental Cruelty and Jurisdiction – Continuation of mental cruelty in...

Gift Deeds and Basic Amenities Requirement – Dispute over ownership and right to stay in flats gifted by father to son – The Maintenance Tribunal nullified gift deeds executed in favor of the petitioner son, based on allegations of non-provision of basic amenities by the son post-transfer – Analysis centers on whether gift deeds were subject to the conditions of providing basic a...

Marriage and Divorce - Appeal challenging Family Court's decision on property ownership - Facts surrounding the purchase of disputed Juhu Flat and tenancy of Cuffe Parade Flat - Family Court's dismissal of Mrs. Rajeshri V. Mahesh's judicial separation petition and decree of divorce in favor of Respondent, based on grounds under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage A...

Family Law and Maintenance – Section 125 Cr.P.C. - Revision of Maintenance Award – revision petition against an order of maintenance awarded under Section 125 of Cr.P.C., focusing on the allegation of the petitioner living in adultery and its effect on the entitlement to maintenance. [Para 1, 16-17, 20]   Adultery and Maintenance Entitlement – Examined – Held tha...

Family Law – Divorce Petition – Allegations of cruelty – Appeal filed against a divorce decree granted on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Appellant wife sought to challenge the judgment dated 28.01.2019 of the Family Court allowing the respondent husband’s divorce petition – Facts of the case involved allegations...

Criminal Appeal – Appeal against Acquittal – Appellant challenging the acquittal of respondents for offences under Sections 498A, 302, 304B of IPC and Sections 3 and 4 of the D.P. Act – Allegation of dowry death and murder of the appellant's sister, Sumalatha, by setting her on fire. [Para 1, 6]   Dowry Death – Evidence of Dowry and Harassment – Insuffi...

Section 125 (3) of Cr.P.C Interpretation – Maintenance Default – Sentencing Duration – Upholding Family Court's decision to sentence petitioner to ten months imprisonment for 28 months of maintenance arrears - Discussion on interpretations of Section 125 (3) of Cr.P.C regarding imprisonment duration for maintenance default - Affirmation that a month's imprisonment for eve...