Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.<\/p>\n
Also read: Guidelines<\/a><\/strong><\/p>\n If the High Court were to carry out a prima facie evaluation, it would have been impossible for it not to notice the disconnect between the FIR and the provisions of Section 306 of the IPC.<\/p>\n Also read: SC grants interim bail to 3 accused in Anvay Naik suicide case. Calls Bombay HC order erroneous<\/a><\/strong><\/p>\n Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control: this renders them credible and generates public confidence.<\/p>\n Also read: ‘It’s high time we put an end to the disturbing trend of Govt ignoring our directions.’ Read why Supreme Court directed constitution of National Tribunals Commission <\/a><\/strong><\/p>\n Uttar Pradesh Government can now fill up 69, 000 posts in terms of the result declared on 12.05.2020.<\/p>\n All steps to implement the decision dated 23.10.2020 of the Government of India, Ministry of Finance be taken so that benefit to the eight categories contemplated in the affidavit can be extended.<\/p>\n In event, use of disinfectant on human body is to cause adverse effect on the health of the people, there has to be immediate remedial action.<\/p>\n The courts\u2019 role is to act as the guarantor and jealous protector of the people\u2019s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.<\/p>\n SC has asked TRAI to ensure that such information is kept confidential and is not made available to the competitors or to any other person.<\/p>\n The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.<\/p>\n Liberty survives by the vigilance of her citizens, on the cacophony of the media and in the dusty corridors of courts alive to the rule of (and not by) law. Yet, much too often, liberty is a casualty when one of these components is found wanting.<\/p>\n<\/div>\n Employers prescribe qualifications to any post, not Courts.<\/p>\n \u201cWe propose to pass an order to satisfy our judicial conscious in the given scenario where only 28 people have been recruited in pursuance to an examination process where 75 vacancies existed.\u201d<\/strong><\/p>\n Sub-section (2) of Section 21-A has no independent existence\u00a0de hor<\/em>s Sub-section (1).<\/p>\n For invoking Section 17 of the Limitation Act, 1963, two ingredients i.e. existence of a fraud and discovery of such fraud, have to be pleaded and duly proved.<\/p>\n Blacklisting can effectively lead to the civil death of a person.<\/p>\n State of Uttar Pradesh has accorded a general consent for investigation of cases by CBI in the whole of UP.<\/p>\n The finding of guilt cannot be based purely on the refusal of the accused to undergo an identification parade.<\/p>\n A large number of witnesses turning hostile is not an unusual event in the long drawn out trials in our country and in the absence of any witness protection regime of substance, one has to examine whatever is the evidence which is capable of being considered, and then come to a finding whether it would suffice to convict the accused.<\/p>\n In the absence of the Company, the Nominated Person cannot be convicted or vice versa.<\/p>\n In a chilling crime, a 21-year-old man was had raped and killed his 2.5 years-old niece just a week after the amended\u00a0Section 376A<\/a>\u00a0was brought into force in the year 2013.<\/p>\n Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.<\/p>\n The formulation of substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law.<\/p>\n Vesting does not take place in favour of the Exchange unless a formal expulsion order is passed. The relevant point of time, therefore, is the date of expulsion.\u00a0Without such legal vesting, the Exchange only sits upon the withheld assets as a custodian.<\/p>\n The property disputes between a vulnerable section of the society and a person of upper caste will not disclose any offence under the Act unless, the allegations are on account of the victim being a Scheduled Caste.<\/p>\n Ex-BSF Jawan Tej Bahadur\u2019s nominations were rejected by the returning officer for want of a certificate to the effect that he has not been dismissed for corruption or disloyalty to the State.<\/p>\n The transfer of trial from one state to another would inevitably reflect on the credibility of the State\u2019s judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.<\/p>\n The time limit is to instill a confidence in creditors that the District Magistrate will make an attempt to deliver possession as well as to impose a duty on the District Magistrate to make an earnest effort to comply with the mandate of the statute.<\/p>\n The law is well settled that Courts would not thwart any investigation.<\/p>\n Vires of a relevant provision goes to the root of the matter.<\/p>\n A police officer in the Railway Protection Force is required to maintain a high standard of integrity in the discharge of his official functions.<\/p>\n The counselling for admission to Super Specialty Medical Courses for the academic year 2020- 2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021.<\/p>\n Keeping in mind that the advertisements for filling the entire cadre, in both the quotas or streams of recruitment were issued one after the other, and more importantly, that this was the first selection and recruitment to a newly created cadre, the delay which occurred on account of administrative exigencies and also the completion of procedure, such as verification of antecedents, the seniority of the promotees given on the basis of their dates of appointment was justified.<\/p>\n Homestead land when included within the meaning of the term \u201cland\u201d in 1973 Act means homestead of an agriculturist and not any and every structure on non-agricultural land.<\/p>\n TOP STORIES Maintenance of wife|Husband doesn\u2019t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme <\/p>\n","protected":false},"author":121,"featured_media":218562,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,34119],"tags":[40876,39924,42845,2549,43969,44269,25424,20611,2628],"class_list":["post-239907","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-scmonthly","tag-arnab-goswami","tag-covid-19","tag-homebuyer","tag-maintenance","tag-maintenance-of-wife","tag-maintenance-proceedings","tag-rera","tag-tribunals","tag-vodafone"],"yoast_head":"\nAnvay Naik Suicide|High Court abdicated it\u2019s duty by failing to make prima facie evaluation of FIR. Here\u2019s why SC granted interim bail to the accused<\/a><\/h4>\n
Appointments and functioning of Tribunals| Tribunal Rules 2020 valid but need modifications, National Tribunals Commission to be constituted; directs SC [Read Directions]<\/a><\/h4>\n
All is not lost for Shiksha Mitras as SC dismisses their plea challenging 2019 Assistant Teachers\u2019 recruitment process but asks UP Govt to give them a third chance<\/a><\/h4>\n
COVID-19| Seeking waiver of interest for loan during the moratorium period? SC asks Govt to implement decision to forego interest on 8 categories<\/a><\/h4>\n
COVID-19| \u2018You can\u2019t stop at issuing advisory\u2019; SC directs Centre to ban the use of disinfection tunnels<\/a><\/h4>\n
Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned<\/a><\/h4>\n
Nothing wrong with TRAI seeking information to ensure transparency; SC directs Airtel, Vodafone Idea to disclose segmented offers details to TRAI<\/a><\/h4>\n
Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act<\/a><\/h4>\n
\nMORE STORIES<\/span><\/h3>\n
\n\u2018Law should not become a ruse for targeted harassment\u2019; SC reminds Courts of their duty to ensure human liberty<\/a><\/h4>\n
Candidate suppresses his over-qualification during recruitment process. Can he later contend that over-qualification can\u2019t be a disqualification? Here\u2019s what SC says<\/a><\/h4>\n
PCS (Judicial) Exam| As 47 seats remain vacant, SC asks Justice AK Sikri & Justice SS Saron to re-check some papers in 2 subjects to gather what went wrong<\/a><\/h4>\n
Thinking of seeking transfer of petition for restitution of conjugal rights under Section 21-A(2)(b) of the Hindu Marriage Act, 1955? SC says you can\u2019t<\/a><\/h4>\n
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC<\/a><\/h4>\n
No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed<\/a><\/h4>\n
Mere lack of State Government\u2019s prior consent does not vitiate CBI investigation in absence of prejudice caused to accused; says SC<\/a><\/h4>\n
Two men walk free after 12 years in prison as SC holds that conviction cannot be based solely on refusal to undergo a Test Identification Parade<\/a><\/h4>\n
Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it\u2019s not an unusual event in long drawn out trials in India<\/a><\/h4>\n
Nominated person faces trial for 30 years in Dalda Ghee adulteration case while HUL never gets convicted. SC says either both get convicted or none<\/a><\/h4>\n
Timing of crime saves man from facing gallows or prison for the rest of his life for raping and killing 2.5 year old niece. SC commutes sentence under Section 376A IPC<\/a><\/h4>\n
Not just the petitioning creditor but \u2018any\u2019 creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC<\/a><\/h4>\n
High Court not obliged to frame substantial question of law if no error is found in First Appellate Court\u2019s findings; says SC<\/a><\/h4>\n
Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail<\/a><\/h4>\n
Is obstruction & abuse by upper caste person due to property dispute an offence under SC\/ST Act? Not in all cases, says SC<\/a><\/h4>\n
SC dismisses Tej Bahadur\u2019s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls<\/a><\/h4>\n
2015 Guru Granth Sahib sacrilege| \u2018No threat to the lives of accused or to fair trial\u2019; SC refuses to transfer the trial outside Punjab<\/a><\/h4>\n
Remedy under Section 14 of SARFAESI Act does not become redundant if DM is unable to take possession of secured assets within time limit<\/a><\/h4>\n
No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices<\/a><\/h4>\n
Madras HC refuses to decide vires of Section 40(a)(iib) of the Income Tax Act pending assessment proceedings. SC disapproves the approach<\/a><\/h4>\n
Railway Protection Force officer fails to detect & prevent thefts. SC answers if his compulsory retirement is justified or not<\/a><\/h4>\n
No reservation for in-service doctors in Super Specialty Medical Courses for the academic year 2020-2021; holds SC<\/a><\/h4>\n
Direct Recruits to Rajasthan\u2019s Tax Assistant posts cry foul after Departmental Promotees appear senior. SC finds seniority justified<\/a><\/h4>\n
Connection with agricultural land a must for homestead land & waterbodies to come within the purview of the WB Restoration of Alienated Land Act, 1973<\/a><\/h4>\n
\nIN OTHER NEWS<\/strong><\/span><\/h3>\n
\nSharing links or screen of Video Conference hearings without authorisation? Be ready to face \u201cadverse consequences\u201d. SC cautions AORs, Parties-in-person<\/a><\/strong><\/h4>\n
Mysterious discrepancy in case details and judgement files on Supreme Court\u2019s website creates confusion<\/a><\/strong><\/h4>\n","protected":false},"excerpt":{"rendered":"