28 October, 2016
28 October, 2016 by Puneet Batish Advocate · 0
27 October, 2016
SUPREME COURT OF INDIA
Sujoy Tushar Saha and another - Appellants
State of Maharashtra and another - Respondents
27 October, 2016 by Puneet Batish Advocate · 0
24 October, 2016
SUPREME COURT OF INDIA
For the Appellant :- M/s. G. S. Pathak and S. G. Patwardhan, Senior Advocates (M/s. Rajni Patel and Porus A. Mehta, Advocates and M/s. J. B. Dadachanji Ravindra Narain and O. C. Mathur, Advocates of M/s. Dadachanji and Co.
K. M. Nanavati - Appellant
State of Maharashtra - Respondent
For the Respondent :- Mr. M. C. Setalvad, Attorney-General for India (M/s. C. M. Trivedi, v. H. Gumeshte, B. R. G. K. Achar and R. H. Dhebar, Advocates.
Subba Rao, J. - This appeal by special leave arises out of the judgment of the Bombay High Court sentencing Nanavati, the appellant, to life imprisonment for the murder of Prem Bhagwandas Ahuja, a businessman of Bombay.
2. This appeal presents the common place problem of an alleged murder by an enraged husband of a paramour of his wife : but it aroused considerable interest in the public mind by reason of the publicity it received and the important constitutional point it had given rise to at the time of its admission.
24 October, 2016 by Puneet Batish Advocate · 0
22 October, 2016
22 October, 2016 by Puneet Batish Advocate · 0
17 October, 2016
SUPREME COURT OF INDIA
Cardamom Marketing Corporation & Anr. - Appellants
State of Kerala & Ors. - Respondents
17 October, 2016 by Puneet Batish Advocate · 0
by Puneet Batish Advocate · 0
16 October, 2016
Laws regarding on-the-job injuries are always subject to change. The state's Congress or governor may sign one set of rules into law, only to change them the next year.
Because it can be difficult for the average layperson to know the laws about matters like Iowa workers compensation or making a claim against an employer, you may want specific details before you take action in your own accident case. You can find answers to your questions and more by doing some online research first.
One of your first questions may center simply on what you should do if you get hurt on the job.
16 October, 2016 by Puneet Batish Advocate · 0
12 October, 2016
The couples who lived together as spouses are deemed to be married even though they not legally married - A Landmark Judgement
On last Monday The High Court of Madras passed a landmark Judgment by Justice Karnan awarding rights to couples who may not legally married but have lived together in every other way as spouses while ruling on the issue of domestic partnership.
Gems from justice Karnan’s order:
“...if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations… Legal rights applicable to normal wedded couples will also be applicable to couples who have had sexual relationships which are established...”
“...It is not disputed that the petitioner has been a spinster before she gave birth and that the respondent was a bachelor before developing sexual relationship with the petitioner. Both of them led their marital life under the same shelter and begot two children. Therefore, the petitioner’s rank has been elevated as the `wife’ of the respondent and likewise, the respondent’s rank has been elevated as the `husband’ of the petitioner. Therefore, the children born to them are legitimate children and the petitioner is the legitimate wife of the respondent...”
He said that either party to a relationship could approach a family court for a declaration of marital status by supplying documentary proof for a sexual relationship. In this case, the man had officially admitted that the woman was his wife, by signing the ‘live birth report’ of his second child and giving his consent for a Caesarean section for the birth, according to the court. Furthermore, he ordered the ‘husband’ to pay monthly maintenance of Rs 500 to his ‘wife’
But the said judgment not at all ruling that all pre-marital sex by an unmarried couple of legally marriageable age is considered married, and the ‘husband’ in such marriage cannot marry someone else without getting a court decree of divorce from the ‘wife’ as reported in THE HINDU. However the above Judgment elevates the status of the couples as Husband and wife had continuous sexual relationships and lives together as spouses as live in relationship even though they are not legally wedded.
It is a landmark and progressive judgment benefits and protects women who are always victims of pre marital or non marital sex. We'll update this very shortly with full judgement.
An Advocate enthusiast from Delhi, India. She joined us in Law Reporter (a Geek Upd8 law project) in June,2013. She is very interested in criminal and cyber laws.
12 October, 2016 by Puneet Batish Advocate · 27
11 October, 2016
11 October, 2016 by Puneet Batish Advocate · 0
09 October, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Commandant, Base Hospital (Army) Delhi Cantt. and Ors. - Petitioners
WG. CDR. K.K. Chaudhary (RETD.) - Respondent
09 October, 2016 by Puneet Batish Advocate · 0
02 October, 2016
PUNJAB AND HARYANA HIGH COURT
Narinder Singh and another - Appellants
Manjit Singh and others - Respondents
02 October, 2016 by Puneet Batish Advocate · 0
25 September, 2016
Before :- V.R. Kingaonkar, J.
Criminal Revision Application No. 226 of 2002
For the Petitioner :- Mr. Gopal D. Kale, Advocate.
For the Respondent :- Mr. N.K. Choudhari, Advocate holding for Mr. R.N. Dhorde, Advocate.
Criminal Procedure Code, Section 125 - Wife left matrimonial home within five months of marriage and claiming maintenance - Maintenance refused - Evidence showed that wife left matrimonial home under burden of domestic chores and did not restore conjugal rights despite order of court - Contention of wife that she lodged a complaint with police regarding cruelty by husband - She could not prove this fact - Wife's application under Section 125 of the Cr.P.C. is dismissed. 2003(4) RCR(Crl.) 189 : 2004(1) Apex Criminal 444 relied. [Paras 10 to 13]
Case referred :
Deb Narayan Halder v. Smt. Anushree Halder, 2003(4) RCR(Criminal) 189 : 2004(1) Apex Criminal 444 : 2003(3) B Cr C 286.
25 September, 2016 by Puneet Batish Advocate · 2