monitoring movements forcing wife to resign is cruelty
Case BriefsHigh Courts

“The continued mistrust of the husband creates an atmosphere of humiliation, fear and emotional suffering and such conduct makes it unreasonable to expect the wife to continue living with him and the wife is entitled to live with dignity and freedom through the remedy of divorce.”

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private schools Pay Commission
Case BriefsHigh Courts

The Courts, in exercise of their powers under Article 226 of the Constitution of India, can constitute committees but these committees are only fact finding in nature. Judicial functions cannot be relegated to these Committees.

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man accused of rape by Bumble date
Case BriefsHigh Courts

“A relationship born of mutual volition, even if it founders in disappointment, cannot, save in clearest of cases, be transmuted into an offence under the criminal law.”

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Daughter's right in father's property
Case BriefsHigh Courts

“Mitakshara Law of Inheritance is applicable to a person who died before 1956, thus, the wife or daughter of a Hindu male would inherit his property only if he dies without a male child.”

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Order under Section 25(a) of A&C Act
Case BriefsHigh Courts

“Such an order merely terminates the arbitral proceedings on account of the claimant’s default in filing the statement of claim and does not involve any adjudication or determination of the rights or obligations of the parties.”

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No absolute right to choose jail
Case BriefsHigh Courts

“The place of detention is an administrative choice of the State and in absence of any breach of fundamental rights of convict, the request for transfer cannot be acceded to.”

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Banks not bound to accept OTS
Case BriefsHigh Courts

“Such decision should be left to the commercial wisdom of the Bank whose amount is involved,and it is always to be presumed that Bank shall take a prudent decision whether to grant the benefit under the OTS scheme, having regard to the public interest involved.”

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Pharma Copyright case
Case BriefsHigh Courts

“Once copyright infringement is the core relief, incidental or ancillary reliefs, whether based on confidentiality, trade secrets, or passing off, do not affect maintainability of the suit as a whole.”

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sex determination undermines value of female life
Case BriefsHigh Courts

“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”

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Return of Mahar
Case BriefsHigh Courts

“When the factum of an attempt of reconciliation and the absence of Mahar with the wife being prima facie established, there was no reason to doubt, or to find error in the views and holdings of the Family Court.”

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right to observe one's religious duties
Case BriefsHigh Courts

“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”

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Friendship not a license to rape
Case BriefsHigh Courts

“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”

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arbitral awards by lay arbitrators
Case BriefsHigh Courts

The Court was dealing with a case where the arbitrators forming part of the Arbitral Tribunal are not only lay persons, but are also, the family elders, who consented to resolve the dispute between two brothers considering the overall interest of the family and its business.

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Bank deduction from pension account
Case BriefsHigh Courts

“A unilateral debit from a customer’s account, especially when it consists of pension money, is an extreme step. The petitioner was entitled to at least a notice or demand, and an opportunity to be heard on why the sum was being taken.”

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disclosure of passport details
Case BriefsHigh Courts

“The exemption under Section 8 of the RTI Act is available to information which would impede the process of investigation or apprehension or prosecution of offenders.”

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False allegation of alcoholism against husband
Case BriefsHigh Courts

“A persistent resolved attitude of respondent-wife to see that her husband is ridiculed and humiliated in his social circle as an alcoholic is definitely a serious affair.”

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Photograph of place of occurrence of rape
Case BriefsHigh Courts

“In a prosecution for the offence of rape, the building or the place where the sexual intercourse between the offender and the survivor took place, was one of the facts which constituted the state of things under which the occasion or cause of rape happened.”

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caning students
Case BriefsHigh Courts

“When a parent entrusts a child to a teacher, he on his behalf impliedly consents the teacher to exercise such authority over the student. When a student does not behave properly or act according to the rules of a school, and if the teacher gives him a corporal punishment for improving his character and conduct, the court has to ascertain whether the said act of the teacher was bona fide or not.”

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insurer not necessary party in medical negligence
Case BriefsHigh Courts

The petitioner, along with other doctors from Yashoda Hospitals, was arrayed as an opposite party before the District Consumer Disputes Redressal Commission, Guntur. The complainant alleged medical negligence and deficiency in service during treatment at the hospital.

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