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Judgement

Unnikrishnan @ Chandu Vs. State Of Kerala

Court: Kerala High Court Bench: JUSTICE P. Ubaid Unnikrishnan @ Chandu Vs. State Of Kerala On 17 August 2017 Law Point: Section 498A — Cruelty — Live in relationship – Accused acquitted as parties had not undergone some sort of ceremonies with the object of getting married and they just started living as man and […]

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Wife Hid About Serious Illness Before Marriage It is Fraud

Calcutta High Court JUSTICE Nishita Mhatre & Tapash Mookherjee Rita Dey (saha) Vs. Ashit Kumar Saha On 4 April 2016 Law Point: Voidable Marriage — Fraud — Appellant-wife suffering from malignant cancer prior to her marriage with respondent-husband — Appellant-wife failed to prove that disease and its nature disclosed to respondent-husband prior to their marriage. […]

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Tula Ram Rai Vs. State of Sikkim

Court: Sikkim High Court Bench: JUSTICE Meenakshi Madan Rai Tula Ram Rai Vs. State of Sikkim On 08 MAY 2017 Law Point: Existence of preponderance of probability – Not sufficient to establish prosecution case, which must be proved beyond all reasonable doubt, which prosecution failed – Accused Acquitted.     JUDGEMENT   1. The Appellant […]

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Kapil Dev Vs. State Of H.P.

Court: Himachal Pradesh High Court Bench: JUSTICE Mr. Thakur Kapil Dev vs State Of H.P. On 21 June 2017 Law Point: Abduction and Rape – Sexual intercourse on pretext of marriage – Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in […]

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Vidya Devi Vs. State Of Haryana & Anr.

Court: Punjab and Haryana High Court Bench: JUSTICE M.M. Kumar Vidya Devi Vs. State Of Haryana & Anr. On 9 October 2002 Law Point: Section 482 — Indian Penal Code, 1860 — Sections 406, 498-A — Quashing of FIR : Criminal breach of trust, Cruelty : Wife facing criminal prosecution of killing her own husband […]

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Sindhu Paul and Ors. Vs. State of Kerala and Ors.

Court: Kerala High Court Bench: JUSTICE Raja Vijayaraghavan V Sindhu Paul and Ors. vs. State of Kerala and Ors. On 13 Novenber 2017 Law Point: Abetment to suicide – In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or […]

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State Govt. of NCT of Delhi Vs. Ram Gopal

Court: Delhi High Court Bench: JUSTICES Vipin Sanghi and P.S. Teji State Govt. of NCT of Delhi vs. Ram Gopal On 01 November 2017 Law Point: Cruelty – Dory Death – It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC. JUDGEMENT 1. The State has filed the application under […]

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Mohammed Sharif Vs. Raisa Begum and Another

Court: Bombay High Court Bench: JUSTICE Sharad Manohar Mohammed Sharif Vs. Raisa Begum and Another On 26 July 1985 Law Point: Wife not entitled to maintenance as she was in wrong as all efforts to reconcile proved futile by the husband. JUDGEMENT 1. A question of quite some importance is raised by Mr. Kadar in […]

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Mohd Babu@Sameer Vs. Shakila

Court: Delhi High Court Bench: JUSTICE SUNIL GAURE Mohd Babu@Sameer vs Shakila On 21 April 2015 Law Point: Settlement is comprehensive. It clearly stipulated that parties will not initiate any action against each other. Maintenance denied to wife. JUDGEMENT In proceedings under Section 125 of Cr.P.C. petitioner had raised the question of maintainability, which has […]

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Kamal Vs. Km. Ahilya And Others

Court: Allahabad High Court Bench: JUSTICES N.L. Ganguley & B. Dikshit Kamal Vs. Km. Ahilya And Others On 20 November 1991 Law Point: Application for maintenance of minor children u/Sec. 125 Cr. P.C. — Allowed by Family Court — Challenged on ground that he is not father of the children and denial of marriage relationship […]

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