Though husband paid EMIs, property could not be treated as stridhan but was a joint acquisition. Flat was registered jointly, Under Section 4, Benami Act, husband cannot claim exclusive ownership. Wife entitled to 50% share of proceeds.
| Posted on: October 3, 2025 |
FIR alleging rape on the pretext of marriage should be quashed under Section 528 BNSS (equivalent to Section 482 CrPC) because the circumstances indicated that the criminal proceedings were mala fide and instituted for vengeance.
| Posted on: October 2, 2025 |
Even where a wife has accepted a full and final settlement at the time of divorce, such settlement cannot bar the independent and statutory right of a minor child to claim maintenance from the father.
| Posted on: October 1, 2025 |
The Supreme Court clarified the limits of judicial intervention in arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. While reaffirming that arbitral awards must ordinarily be respected, the Court stressed that tribunals cannot rewrite contractual terms, disregard explicit clauses such as “No Waiver” and “No Oral Modification,” or base findings on mistaken facts
| Posted on: September 30, 2025 |
Comparative Note: Sanjay D. Jain v. State of Maharashtra (2025) in light of Bhajan Lal (1990) and Digambar (2024) Introduction The Supreme Court’s decision in…
| Posted on: September 28, 2025 |
Case Note: Sanjay D. Jain v. State of Maharashtra, Supreme Court of India, Criminal Appeal No. 12584 of 2024, decided on 26 September 2025 Headnote…
| Posted on: September 28, 2025 |
Case Note: Odela Satyam & Anr. v. State of Telangana & Ors., 2025 INSC 1174 Headnote Criminal Law — Multiple FIRs — Consolidation of cases…
| Posted on: September 28, 2025 |
Once execution of a cheque is admitted, presumptions under Sections 118 and 139 of the NI Act apply, and the burden shifts to the accused to rebut. Mere allegation of the complainant’s financial incapacity, without evidence, is insufficient to rebut the presumption
| Posted on: September 27, 2025 |
Whether criminal proceedings under Sections 323, 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act can be sustained against the brother-in-law where the FIR contains only vague, omnibus allegations without specific details of cruelty or demand of dowry.
| Posted on: September 25, 2025 |
Wife though qualified in law but without sufficient income is entitled to maintenance according to husband’s status. Mere educational qualification not bar unless adequate income proved. Husband’s remarriage constitutes just ground for wife to reside separately and claim maintenance. Major unmarried daughter entitled to maintenance till marriage under S.20(3) HAMA notwithstanding majority
| Posted on: September 22, 2025 |