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Supreme Court Judgments - May 2008

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


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    Supreme Court Judgments - May 2008

    Madhuban v State of U.P. 5/5/2008.
    Indian Penal Code,1860 - sections 302, 323 and 394 - conviction - confirmed by High Court - appeal - it appears that the learned advocate appearing on behalf of the appellant before the High Court could not make oral submissions because of infection in vocal cord - Leave granted

    Tarakanath Kar v Lipika Kar 7/5/2008.
    Criminal Procedure Code, 1973 section 125 - application filed by respondent Lipika - case transferred - Chandana filed application for being impleaded - in the subsequent order dated 5.7.2006 the High Court highlighted the limited jurisdiction for rectification/modification under Section 362 of the Code - Leave granted

    T.Thimmaiah (D) By Lrs. v Venkatachala Raju (D) BY Lrs. 9/5/2008.
    Cr.P.C. Order 47 Rule 1 - order made in review - challenged - from a bare perusal of the judgment in review, it is clear that the principles laid down under Order 47 Rule 1 of the CPC have been completely ignored - we, however, give liberty to the respondent herein to challenge the judgment dated 16th February 1999, if so advised.

    Dadu Dayalu Mahasabha, Jaipur (Trust) v Mahant Ram Niwas & another 12/5/2008.
    Code of Civil Procedure - order II Rule 2 - Res Judicata - principals - applicability of. - Leave granted

    Ramachandran v R. Udhayakumar & others 13/5/2008.
    Criminal Procedure Code, 1973 - section 482 - prayer for directory the respondent to withdraw the litigation - and to entrust the same to the file of Central Bureau of Investigation - the direction of the High Court for re-investigation or fresh investigation are clearly indefensible.- Leave granted

    Amol Singh v State of M.P. 15/15/2008.
    Indian Penal Code, 1860 - section 302 and 34 - conviction and sentence - the discrepancies, make the last declaration doubtful. The nature of the inconsistencies is such that there are certainly material. That being so, it would be unsafe to convict the appellant. The conviction is set aside and appellant is acquitted of the charges. - Leave granted

    Illa Roy Chowdhury V Shyamali Das and others 16/5/2008.
    Land Acquisition Act, 1894 - sections 30 and 31 - an application for reference under - an attempt on the part of the First Respondent to get herself imp leaded as party in the Reference Petition did not fructify. The said order attained finality. It does not appear that the said respondent was not sure as to whether such an application had been filed or not - what would be the effect of the order of the Calcutta High Court allowing the First Respondent to file an appropriate application before the Collector for reference in terms of Sections 30 and 31 of the Act which was a conditional order - no fruitful purpose would be served in allowing the matter to proceed pursuant to the observations made by the learned Single Judge. - Leave granted

    M.Saravana Porselvi v A.R. Chandrashekar @ Parthiban & others 27/5/2008.
    Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period of punishment which can be imposed therefore is seven years- Leave granted

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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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