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Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]

Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]

A Supreme Court bench comprising of Justice S.J. Mukhopadhayaya and Justice Prafulla C. Pant, in a judgment delivered yesterday, upheld dissolution of marriage between the parties, on the grounds of denial of sex as amounting to mental cruelty. The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.” The appeal arose out of a 2012 judgment passed by Madras High Court, wherein the marriage between the …

Breaking; Killings in police encounters affect the credibility of Rule of Law and Administration of Criminal Justice System. Supreme Court issues 16 Guidelines for Investigation of Police Encounters; [Read the Judgment]

Breaking; Killings in police encounters affect the credibility of Rule of Law and Administration of Criminal Justice System. Supreme Court issues 16 Guidelines for Investigation of Police Encounters; [Read the Judgment]

In a Landmark Judgment Supreme Court Today issued 16 Guidelines to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation. A two Judge Bench comprising of CJI Lodha and Justice RF Nariman held that Article 21 of the Constitution of India guarantees “right to live with human dignity”. Any violation of human rights is viewed seriously by Court as right to life is the most precious right guaranteed by Article 21 of  the  Constitution. It is also held that killings in police encounters affect the credibility of the rule of law and the administration of the criminal justice …

Breaking; Government Employees can File PIL since Right to Judicial Remedies is a Constitutional right; SC quashes Disciplinary proceedings against IAS Officer for filing Black Money PIL  and orders to pay 5 Lakhs [Read Jt]

Breaking; Government Employees can File PIL since Right to Judicial Remedies is a Constitutional right; SC quashes Disciplinary proceedings against IAS Officer for filing Black Money PIL and orders to pay 5 Lakhs [Read Jt]

In a landmark Judgment a Two Judge Bench of the Supreme Court comprising of Justice J.Chelameswar and Justice A.K.Sikri held that right to judicial remedies for the redressal  of  either  personal or public grievances  is  a  constitutional  right  of  the  subjects  (both citizens and non-citizens) of this country and employees of the State  cannot become members of a different and inferior class to whom such right  is  not available. The Supreme Court was considering an appeal filed by an IAS officer Mr.Vijay Shankar Pandey against Disciplinary Proceedings taken against him by the Government for filing a PIL which ultimately resulted in the formation of SIT in the Black …

Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das Tapadia (2000)Overruled [Read the Judgment]

Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das Tapadia (2000)Overruled [Read the Judgment]

Resolving the conflict between two-Judge Bench Judgments in Narsingh Das Tapadia v. Goverdhan Das Partani [(2000) 7 SCC 183] and Sarav Investment & Financial Consultancy Private Limited and Anr. v. Llyods Register of Shipping Indian Office Staff Provident Fund [(2007) 14 SCC 753], a three Judge Bench of Supreme Court held that cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 cannot be taken on the basis of a complaint filed before the expiry of the period of 15 days stipulated in the notice required to be served upon the drawer of the cheque in terms of Section 138 (c) of Negotiable Instruments Act 1881. It is also held that the payee or the …

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