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Matrimonial law — Maintenance — Deductions from husband’s salary — Voluntary deductions for asset creation (e.g., loan repayments) cannot dilute primary maintenance obligation — Husband’s duty to maintain spouse is primary and continuing, enabling wife to live with dignity. Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) and Order 2 Rule 2 — Rejection of Plaint — Bar by Law — Applicability of Order 2 Rule 2 of the Code of Civil Procedure does not by itself constitute a ground for rejection of plaint under Order 7 Rule 11(d) — Rejection of plaint under Order 7 Rule 11(d) is based on the suit being barred by law, where the bar is apparent from the plaint itself — A plea under Order 2 Rule 2 requires evidence to establish the bar, and therefore cannot typically be a basis for rejecting a plaint at the initial stage. Legal Services Authorities Act, 1987 — Standard Operating Procedure (SOP) for Translation and Transmission of Records for Legal Aid Appeals and Special Leave Petitions (SLPs) — The Supreme Court has approved and directed implementation of an SOP to streamline the process of translation, digitization, and filing of records in legal aid cases, with specific timelines and responsibilities for various stakeholders to ensure timely access to justice. Constitution of India, 1950 — Article 22(3)(b) — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) — Sections 3(1), 8(c), 8(e) — Right to legal representation before Advisory Board — A detenu does not have a right to be represented by a legal practitioner before the Advisory Board — This right only arises if the detaining authority or government uses a legal practitioner, in which case the detenu must also be allowed legal representation — Mere assistance by officials in producing records does not grant this right Penal Code, 1860 (IPC) — Section 306 — Abetment of Suicide — Essential Ingredients — For a charge under Section 306, the prosecution must prove that the accused contributed to the suicide through a direct or indirect act of instigation or incitement — This act must reveal a clear intention (mens rea) to abet suicide and leave the victim with no other option — The act of instigation must be in close proximity to the suicide and form a direct nexus, indicating the suicide was a direct result of the instigation.

Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement of S.50 NDPS Act—Accused acquitted. Narcotics—Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

  2018(2) Law Herald (SC) 465 : 2018 LawHerald.Org 925  SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal and…

Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal

(2018) 2 ACC 118 : (2018) AIR(SC) 1900 : (2018) DNJ 478 : (2018) 4 JT 114 : (2018) 5 SCALE 363 SUPREME COURT OF INDIA DIVISION BENCH MANGLA RAM — Appellant…

Transfer of Property Act, 1882, S.54–Sale Deed-Execution of–Suit for partition—Ancestral property-Contention that sale deed executed by her father ‘D’ ‘was obtained by fraud as he was not keeping good health-Held; Sub-Registrar, who had registered the documents stated that the sale deed was executed by ‘D’ after he had explained to the parties about contents of sale deed-Attesting witnesses nowhere stated that ‘D’ was not in good state of mind at time of execution—No medical evidence has been produced in support of ill health of testator—Appeal dismissed.

2018(2) Law Herald (SC) 227 : 2018 LawHerald.Org 897   SUPREME COURT OF INDIA DIVISION BENCH KRISHNA DEVI — Appellant Vs. KESHRI NANDAN — Respondent ( Before : N.V. Ramana and S.…

Punjab Limitation (Custom) Act—Commencement of Limitation period–The date on which the decree is drawn would be the relevant date for commencement of limitation period—Mere passing of the judgment by the Court is not enough Limitation—Exclusion of Time—The expanse of Section 14 of the Act, is not limited to mere jurisdictional issue but also other cause of a like nature.

2018(2) Law Herald (SC) 280 (2018) 4 JT 10 : (2018) 2 RCR(Civil) 745 : (2018) 5 SCALE 201 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER SINGH (DEAD) — Appellant Vs. PARAMJIT SINGH —…

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