Supreme-Court

Section 302 of Indian Penal Code

IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NOS. 248-250 OF 2015MANOJ & ORS. …APPELLANT(S)VERSUSSTATE OF MADHYA PRADESH …RESPONDENT(S) Death Sentence – The trial court must elicit information from the accused and the state, both. The state, must – for an offence carrying capital punishment – at the appropriate Read more…

Maintenance awarded from the date of application

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION  CRIMINAL APPEAL NO. 730OF 2020 (Arisingout of SLP(Crl.)No.9503  of 2018) decided 04-11-2020 RAJNESH                              …APPELLANT Versus NEHA & Anr                    ….RESPONDENTS That maintenance in all cases will be awarded from the date of filing the application for maintenance, VI          Read more…

stay is granted

SUPREME COURT OF INDIA  CRIMINAL APPELLATE JURISDICTION  MISCELLANEOUS APPLICATION NO. 1577 OF 2020 IN CRIMINAL APPEAL NOS. 1375-1376 OF 2013   October 15, 2020 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR.  Appellant(s)                                  Read more…

Sections 13(1)(i)(a) and (i)(b) and 9 HMA

The appeal of the appellant is allowed and the judgment and decree of the trial Court are set aside in both the petitions. The application for restitution of conjugal rights filed by the respondent under Section 9 of the Hindu Marriage Act is dismissed.  Prakash v. Kavita, 2008 MLR 570 Read more…

Section 202, 203, 397 and 401 (2) of Crpc

The restoration of the complaint by the Additional Sessions Judge was undoubtedly to the prejudice of the appellant. The right of the appellant to be heard at this stage need not detain us any further in view of Manharibhai (supra) observing as follows:   Supreme Court of India Subhash Sahebrao Read more…

Section 125(1) Cr.P.C., Section 20  Hindu AM Act      

Section 125(1) Cr.P.C. as well as Section 20 of Act, 1956 indicates that whereas Section 125 Cr.P.C. limits the claim of maintenance of a child until he or she attains majority. By virtue of Section 125(1)(c), an unmarried daughter even though she has attained majority is entitled for maintenance,        Read more…

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