Apurva @ Apurvo Bhuvanbabu Mandal vs Dolly – S 125 CrPC – Maintenance vs Recovery Proceedings
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Muthuramalingam @ Korangu Vs State S 386 CrPC – Retrial
Code of Criminal Procedure 1973 – Section 386 – Order of retrial has to be done in very exceptional cases alone. For example where the Court itself had no jurisdiction to deal with the crime or there has been a total violation of fundamental principles of law-For ordinary lapses or procedures, a retrial is not …
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Gurmeet Kaur vs Devender Gupta 2024 INSC 967 – S 197 CrPC – Sanction
Code of Criminal Procedure 1973 – Section 197- HC dismissed petition seeking quashing of complaint filed against a public servant – Allowing appeal, SC observed: When there was no prior order of sanction passed under Section 197 of the CrPC, the initiation of the complaint itself, is non est. Code of Criminal Procedure 1973 – …
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Dushyant Janbandhu Vs Hyundai Autoever India Pvt. Ltd. 2024 INSC 966 – S 11(6) Arbitration Act
Arbitration and Conciliation Act 1996 – Section 11(6) -Disputes related to non-payment of wages and legality and propriety of termination that were anyway pending before the statutory authorities are non-arbitrable. (Para 17) Summary– HC allowed a petition filed under Section 11(6) – Allowing appeal, SC observed Section 11(6) petition has two facets. The first relates …
Naresh Kumari vs Chameli 2024 INSC 965 – S 127 TP Act – Gift
Transfer of Property Act 1882 – Section 127- Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative …
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Akanksha Arora vs Tanay Maben 2024 INSC 964 – Ss 482, 397 CrPC – Criminal Revision
Code of Criminal Procedure 1973 – Section 482,397 – Availability of alternative remedy of criminal revision under Section 397 CrPC, by itself, cannot be a good ground to dismiss an application under Section 482 CrPC- nomenclature of a petition is immaterial and for doing substantive justice, the High Court can always convert a petition under …
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Parvin Kumar Jain Vs Anju Jain 2024 INSC 961 -Article 142 Constitution- Irretrievable Breakdown Of Marriage – Permanent Maintenance
Constitution of India – Article 142 -A marriage can be dissolved by this Court on the ground of irretrievable breakdown when the relationship is so strained that the marriage has succumbed to the long standing differences between the parties and it has become impossible to save such a relationship. When the Court is convinced that …
Jayedeepsinh Pravinsinh Chavda Vs State Of Gujarat 2024 INSC 960 – S 306,498A IPC – Harassment- Abetment Of Suicide
Indian Penal Code 1860 – Section 306 – Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea cannot simply be presumed or inferred; …