Latest Post

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.

Rape—False promise to marry—Parties lived together like a married couple for long years—Sexual intercourse in the course of such a relationship cannot be termed as ‘rape’—Proceedings quashed

2018(2) Law Herald (SC) 303 : 2018 LawHerald.Org 883 IN THE SUPREME COURT OF INDIA           CRIMINAL APPELLATE JURISDICTION                                         CRIMINAL APPEAL NO.504   OF 2018                                    (Arising out of SLP(Crl.)…

Bar to Suit—Cause of Action—Relief of specific performance cannot be claimed along with relief of permanent injunction in same suit Withdrawal of suit—Bar to Suit—If the order granting permission to withdraw the suit does not specifically mention the fact of granting liberty to the plaintiff to file a fresh suit then filing of the second suit on different cause of action is not hit by O.2 R.2 CPC

(2018) 2 RCR(Civil) 782 : (2018) 5 SCALE 615 SUPREME COURT OF INDIA DIVISION BENCH SUCHA SINGH SODHI (D) — Appellant Vs. BALDEV RAJ WALIA — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…

You missed