Biju Mathew & Another Versus Regional Manager, Hindustan Petroleum Corporation Limited & Others (High Court of Kerala, 21-03-2023)
Latest Judgements
M/s. Penna Electricity Limited (Now M/S Pioneer Power Limited) Versus The Tamil Nadu Electricity Board & Others (Supreme Court of India, 15-03-2023)
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Mukkamala Estates Pvt. Ltd. Versus Tahsildar, Irahimpatnam, Krishna District & Others (High Court of Andhra Pradesh, 15-03-2023)
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Jagannath Naik Versus Inspector General Of Police & Others (High Court of Delhi, 15-03-2023)
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Anil Sharma Versus Union Territory of J&K & Others (High Court of Jammu and Kashmir, 15-03-2023)
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Sunita Devendra Deshprabhu & Others Versus Sitadevi Deshprabhu & Others (In the High Court of Bombay at Goa, 03-03-2023)
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C. Yamini & Others Versus The High Court For The State of Andhra Pradesh At Amravathi & Another (Supreme Court of India, 23-02-2023)
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C.S. Varkey Versus The District Collector Kottayam & Others (High Court of Kerala,23-02-2023)
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Elecon Engineering Company Limited Versus The Indure Private Limited ( High Court of Delhi, 22-02-2023)
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TOP STORIES
Constitution of India – Article- 226- Advocates Act, 1961- Section 34 - imposition of dress code for advocates for appearance before the Tribunal- wearing of gown by the advocates before the Benches of NCLT-
the wearing of “gown” is only optional and not mandatory before any courts other than the Supreme Court or the High Courts. (CDJ 2023 MHC 1133)
Hindu Marriage Act, 1955 - Section 28(1) - Section 11 - Marriage with Minor girl cannot be nullify -
appellant had not attained the age of 18 years - clause (iii) of Section 5 of the Act which provides that the bride has to be 18 years of age at the time of marriage, has been omitted from the purview of Section 11 of the Act. Thus, Section 11 of the Act has no application to the fact situation of the case. (CDJ 2023 Kar HC 124)
Physically fit Husband cannot seek maintenance from the Wife -
the petitioner/Husband is an able bodied man and does not suffer from any disability or infirmity- Hence, the petitioner/husband must remember that ‘it is better to wear out; than rust out’. The petition is dismissed.(CDJ 2023 Kar HC 119)
FROM CDJ CITATIONS
Prevention of Corruption Act, 1998 - Sections 7, 13(1)(d) read with Section 13(2) - Service Matter - Death-cum-Retirement Gratuity - Claim for -
When can be granted - Respondent in appeal was working as Village Extension Officer, in course of his employment Vigilance Department registered a crime alleging that he had received Rs.500 as bribe and he was suspended from service and was later reinstated in service - He retired from service on superannuation while working as General Extension Officer - On conviction in a criminal case for violation of integrity norms in performance of official duties and an appeal pending before High Court, is employee still entitled to release of his Death-cum-Retirement Gratuity is the moot point arising for consideration in the present appeals - In view of there being a divergence of opinion, Division Bench considered it appropriate to refer matter to a larger Bench as two applications before KAT had produced different results.
Court Fees Act, 1870 - Section 7 –Code of Civil Procedure, 1908 - Section 96, Order 7 Rule 11, Section 80, Section 151, Section 115 – Dificiency in court fees –
Applicability of Section 7 of Act, 1870 in Money suit - Money suit for compensation/damages filed – High Court allowed the revision petition filed by the respondent Dev Brat Sharma and further proceeded to reject the application of the appellant under Order 7 Rule 11 read with Section 151 of Code of Civil Procedure after setting aside the order dated 10.11.2016 passed by the Trial Court holding that the respondent (plaintiff before the Trial Court) was required to make good deficiency in the Court fees on the amount of Rs. 20 Lakhs claimed by him as compensation
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