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Supreme Court Judgments 2008

March 2008 complete text judgments available for free download now.
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Supreme Court Judgments - March 2008


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    Orchid Employees Union & others v Orchid Chemicals & Pharmaceuticals Ltd.

    Trade Union Act, 1926 - Section 22

    - contravention of - the formation of the appellant No.1-Union was challenged and cancellation proceedings were pending before Deputy Commissioner of Labour, Chennai. The High Court felt that it would be in the interest of the parties to pursue their remedy before the Deputy Commissioner of Labour, Chennai - Date of Judgment: 25/3/2008

    Golla Yelugu Govindu v State of Andhra Pradesh

    Indian Penal Code, 1860 - Section 302

    - conviction - appeal dismissed - challenged - where the offender takes undue advantage or has acted in a cruel or unusual manner, the benefit of Exception 4 cannot be given to him. If the weapon used or the manner of attack by the assailant is out of all proportion, that circumstance must be taken into consideration to decide whether undue advantage has been taken. - Date of Judgment: 26/3/2008

    Punjab Urban Planning & Dev. Authority v Gurmail Singh & others

    Site - attachment

    - the letter of allotment required PUPDA to deliver the possession of the site to the allottee within three months - the Estate Officer of PUPDA made an order dated 21.7.1997 resuming the site on the ground that the respondents had failed to pay the installments. The respondents challenged the order of resumption before the Appellate Authority contending that they could not pay the installments, as PUPDA had not delivered possession of the site - Date of Judgment: 27/3/2008


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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

    Maintenance Pendente Lite and Expenses of Proceedings
    Under Hindu Marriage Act where in any proceeding under this Act it appears to the Court that either the wife or the husband has no independent income sufficient for her or his support, Court may order for payment of monthly maintenance to the petitioner by the respondent.

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