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Supreme Court Judgments 2008

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Supreme Court Judgments - February 2008


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    Supreme Court Judgments - February 2008

    Sohan Raj Sharma v State of Haryana  7/4/2008.
    Indian Penal Code, 1860 - section 306 - conviction under - it cannot be said that the ingredients of Section 306 IPC have been established. Therefore, the conviction as recorded cannot be maintained. The order of the High Court is set aside. The appellant be released forthwith unless required in connection with other case.

    Narain Singh & others v State of Haryana   9/4/2008.
    Indian Penal Code, 1860 - sections 302 read section 234 - 323 read with section 34 - conviction under - appellant Narain Singh - convicted for offence punishable under Section 27 of the Arms Act, 1959 - challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court partly allowing the appeal filed by the appellants

    V.A. Shabeer v P.A. Niamathulla  4/10/2008.
    Kerala Panchayat Raj Act, 1994 -  final Schedule - the candidates who contested the election from Ward No.2 of Alangad Block Panchayat held on 24th September, 2005. The appellant was declared elected. The candidate who lost the election (respondent herein) challenged the election by way of an Election Petition before the Election Tribunal mainly on two grounds.

    Padma Charan Patra v State of Orissa  15/4/2008.
    Bail - application for relaxation of the conditions of bail enforced by order dt.12.5.2006 while granting bail to the petitioner - some of the co-accused approached the High Court and obtained bail on the same terms and conditions as was granted by this Court and subsequently they have also obtained relaxation of the first two conditions from the High Court - first two conditions relaxed.

    State of Uttar Pradesh & others v Anand Singh 16/4/2008.
    B.T.C. Entrance Examination - waiting list - admission - the stand of the appellant is that waiting list was prepared according to roll numbers and not as per merit. It has been stated that respondent had secured 147.64 marks, whereas Dhiraj Kumar Mishra had secured 159.34 marks.

    Surjit Singh v Mahanagar Telephone Nigam Ltd 21/2/2008.
    Indian Telegraph Rules - Rule 443 - telephone line - non-payment of in case of one - disconnection of other two lines — the appellant and his wife are living together at their residence in Rajouri Garden, Delhi.

    Shiv Prasad with Dr. (Mrs.) Madhu Jain v Government Of India & others 25/4/2008.
    University appointment - selection process - case of writ-petitioner was considered for the post of Associate Professor whereas the case of respondent No. 4 was considered for the post of Assistant Professor. It was only because there was Combined Cadre of Associate/Assistant Professor that only one of them could be appointed.

    Suneet Gupta v Anil Triloknath Sharma & others with Swami Raote & another 28/4/2008.
    Criminal Procedure Code, 1973 - section 482 - petition under - for quashing First Information Report (FIR) lodged by the appellant herein for offences punishable under Sections 468, 406 read with 120B of the Indian Penal Code - the High Court was right in coming to the conclusion that a civil dispute pure and simple - between the parties was sought to be converted into a criminal offence only by resorting to pressure tactics and by taking police help which was indeed abuse of process of law and has been rightly prevented by the High Court.

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    Matrimonial laws in India:

    Procedure followed in Matrimonial Petitions
    Section 21 of Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by Code of Civil Procedure.

    Restitution of Conjugal Rights
    A husband has the right to require his wife to live with him wherever he may choose to reside. On the other hand, it is corresponding duty of the wife to live with her husband

    What should an Aggrieved Person do in case of Domestic Violence
    If you, being the aggrieved person, have reason to believe that an act of domestic violence has been committed or is being committed or is likely to be committed, you may give information about it to the concerned Protection Officer.

    Maintenance and Residence of Female Child
    Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage

    Hindu Marriage Act
    Hindu Marriage Act of 1955, came into force on 18th of May, 1955. It has amended and codified the law relating to marriage solemnized between two Hindus.

    How Can A Hindu Marry from other Religion
    Marriage between two persons, who are not Hindus, it would be a case of special marriage. In this regard, reference may be made to provisions of Special Marriage Act (43 of 1954)

    Judicial Separation
    Section 10 of Hindu Marriage Act provides for judicial separation. It provides that either party to a marriage can file a petition before the Court for such a relief.

    Maintenance for wife, children and parents - Section 125 CrPC
    When any person neglects or refuses to maintain, his wife, children or parents, than they can claim maintenance by filing an application before the Magistrate under Section 125 CrPC

    Nullity of Marriage
    A void marriage as par hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act. # The astronomical figure of One lakh copyrights registration has been achieved by legal Service India, Thank you for your continued support and trust in us

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