Wherein a property was sold to another party which had a re-conveyance deed/clause which said that in the event of resale, the said property would reconvene back to the original party. The argument here is whether said property is actually ancestral property or not. In order to arrive at a decision whether this property is joint family property, Justices Desai…

Wherein a drunk man is refusing to give his blood sample to check his alcohol level, can he be compelled to give his blood sample? Or would the compelling of blood sample fall under the purview of violating his right to self incrimination granted to him under Art. 20(3) of the constitution of India?   “this Court finds that Art.20…

In an application filed under section 24 of the Code of civil procedure for the transfer of matrimonial proceedings, the Calcutta Court rejected it. The transfer application was to transfer the proceedings from Alipore to Birbhum Court on the following grounds: That the wife has a 5 year old daughter residing with her at her parental home. That the distance…

In an execution case filed by the SBI Cards and payments, where the Respondent was evading service of notice, the Court held that the notice can be served in a PDF format for the purpose of Order XXI Rule 22 of the Code of Civil Procedure. The above method was adopted when the Respondent evaded calls and avoided meeting the…

In a recent judgement pronounced by the Ontario Court, where a woman agreed to have sex with the man on the condition that they would use a condom, he penetrated without using the same and putting the woman to a danger of unwanted pregnancy. The man and woman met through an online dating site where they agreed to have sex…

A Supreme Court bench consisting of Justice Kishan Kaul and Justice KM Joseph passed an order against the Allahabad High Court, where it was stated that a victim has the right to appeal against any order of acquittal of the accused under Section 372 of the Code of Criminal Procedure. In the above case the accused- respondents were tried for…

A PIL was filed in the Delhi High Court to declare Martial Rape as a ground for divorce. The Petition was dismissed by a Division bench consisting of Chief Justice DN Patel and Justice Hari Shankar on the grounds that the Court did not have power to legislate under Article 226 of the Constitution. It is pertinent to note that…

In the case Rani Sethi vs Sunil Sethi, the trial court had ordered the wife to pay maintenance to the husband which was challenged by the wife. The claim by the wife was that the court has erred in considering the fact that she had to maintain her two children. Further on the perusal of records it was found that…

In the case of Smt. Mamta Jaiswal vs Rajesh Jaiswal, where a woman was extremely qualified and held a degree of Msc, M.C. M.Ed was not working. The husband filed a divorce against her on the grounds of cruelty, she was awarded alimony  of Rs. 800/- as pendente lite alimony and travelling expenses for attending court. In a revision application…

The Supreme Court in the case of Vinny Parmar vs Paramvir Parmar on 20 July, 2011 held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case.. The Supreme Court found only issue in these appeals was- “What…