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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.

Agreement to Sell–Mere fixation of time within which contract is to be performed does not make the stipulation as to the time as essence of contract. Agreement to Sell–Alternate plea of refund–In all suits for specific performance, plaintiff is entitled to seek alternative relief in the event the decree of specific performance cannot be granted for any reason.

2008(1) LAW HERALD (SC) 675 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 647 of 2008…

Jurisdiction of Tribunal-The main question involved in the suit was whether the suit land is a Wakf property or not- Plaintiff says that it is a Wakf property whereas the defendants say that it is not the Wakf property but it is their self- property–This question, can be decided only by the Tribunal and not by the Civil Court.

  (2017) 175 AIC 125 : (2017) AIR(SCW) 2155 : (2017) AIR(SC) 2155 : (2017) 123 ALR 784 : (2017) 4 AndhLD 106 : (2017) 2 ARC 226 : (2017)…

Criminal Procedure Code, 1973, S.439–Rape–Kidnapping–Bail–Charge sheet was filed against appellant and four other persons-Case against appellant is almost similar to that of o the r co-accused who have been enlarged on bail—Appellant has no other criminal antecedents-Bail granted-Indian Penal Code, 1860, S.376 & S.366.

(2017) 100 ACrC 979 : (2017) 177 AIC 68 : (2017) 2 AICLR 803 : (2017) AIR(SCW) 2474 : (2017) AIR(SC) 2474 : (2017) ALLMR(Cri) 2220 : (2017) CriLR 457…

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