Articles

9th Dec, 2015

Consent in divorce by mutual consent must be valid subsisting consent when case is heard #indianlaws

Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for […]
9th Dec, 2015

Appellate court to allow plea of additional evidence for ‘substantial cause’ and only if it is ‘required’ by the Court #indianlaws

For expending the power under Order 41 Rule 27 the Appellate Court has to read the words “or for any other substantial cause” with the word “requires”, which is set out at the commencement of […]
9th Dec, 2015

Proximate & live link between cruelty based on dowry demand and death is a must to prove dowry death #indianlaws

  To attract the provisions of Section 304B, one of the main ingredients of the offence which is required to be established is that “soon before her death” she was subjected to cruelty or harassment […]
9th Dec, 2015

Husband has a pre-existing duty to take care of health and safety of the wife #indianlaws

It is a duty of the husband to take care of the health and safety of the petitioner-wife. In the instant case also it was a primary duty of the husband only to provide facilities […]
9th Dec, 2015

Time to file reply to consumer complaint not later than 45 days from the receipt of notice #indianlaws

The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act […]
1st Dec, 2015

Limitations on scope of Judicial Review of Administrative decisions #indianlaws

The Supreme held that judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. Its purpose is to check whether choice or decision is made “lawfully” and not to […]
1st Dec, 2015

Amendment cannot be allowed in the grounds of appeal or writ, once disposed #indianlaws

The Supreme Court held that when there does not exist any ground of challenge on merits in the writ petition High Court could not have adverted to it. If a party is allowed to seek […]
1st Dec, 2015

Retirement benefits cannot be denied in a case of Voluntary Retirement #indianlaws

The Supreme Court held that the Appellant ought not to be deprived of pension benefits merely because he styled his termination of services as “resignation” or because there was no provision to retire voluntarily at […]
1st Dec, 2015

Wife does not cease to be “Aggreived person” u/s 12 of DV Act, after a decree of judicial seperation #indianlaws

In the 2005 Act, the definition of “aggrieved person” clearly postulates about the status of any woman who has been subjected to domestic violence as defined under Section 3 of the said Act. As long […]
20th Nov, 2015

Highlights of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

President of India on 23rd October 2015 promulgated ordinance  providing for constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and for matters connected […]
20th Nov, 2015

Key highlights of Arbitration and Conciliation (Amendment) Ordinance, 2015 #indianlaws

President of India on 23rd October 2015 promulgated ordinance namely, Arbitration and Conciliation (Amendment) Ordinance, 2015 bringing significant changes to the Arbitration and Conciliation Act, 1996 
20th Nov, 2015

Right to maintenance of Hindu widow not a mere formality #indianlaws

Supreme Court has held that, in whatever form a limited interest is created in favour of a Hindu widow, having a pre-existing right of maintenance, the said rights become an absolute right by the operation […]