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 |
This decision marks an important shift in Indian tort jurisprudence by affirming the maintainability of civil claims for alienation of affection, a cause of action long recognised in theory but never squarely tested in civil proceedings. While the Court has cautiously limited its ruling to the threshold of maintainability, the recognition that personal autonomy in intimate matters does not exclude civil liability for wrongful third-party interference could pave the way for an expansion of tort remedies into the marital sphere. However, concerns remain over evidentiary burdens, the quantification of damages, and the potential for such claims to be misused as collateral litigation in matrimonial disputes. The case thus opens a new, albeit contested, frontier in the intersection of family law and tort law in India.
| Posted on: September 22, 2025 |
The spirit of Quranic injunctions favours monogamy; polygamy is only an exception permissible when the husband can ensure equal justice and maintenance to all wives. Successive marriages by a destitute blind beggar “cannot be accepted at all, even as per Muslim customary law.”
| Posted on: September 20, 2025 |
A demand notice under Section 138(b) of the NI Act is not valid if it mentions an amount different from the cheque amount. Typographical error in stating the amount cannot be excused in law.
| Posted on: September 20, 2025 |
In fiscal statutes, limitation provisions are mandatory. Revenue cannot resort to Section 21 to revive time-barred assessments that have already been attempted under Section 19. Taxing statutes must be construed strictly; no tax can be levied by analogy or intention.
| Posted on: September 19, 2025 |
Case Note: Shanti Devi v. Jagan Devi & Ors. Case Citation: 2025 INSC 1105, Civil Appeal No. 11795 of 2025 (@SLP(C) No. 24821/2018) Court: Supreme…
| Posted on: September 15, 2025 |
The question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.
| Posted on: September 14, 2025 |
Cheating requires both deception and dishonest inducement, resulting in wrongful loss or gain (Sections 23–25 IPC). Mere deception is insufficient unless it induces a person to part with property or act in a way they would not have otherwise
| Posted on: September 12, 2025 |
Mandatory FIR Registration — Once information discloses a cognizable offence, registration of FIR is mandatory under Section 154 CrPC. Credibility or genuineness of the information is not a condition precedent. The Court reaffirmed Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1.
| Posted on: September 12, 2025 |
This is the first judgment in India to explicitly hold that “liking” a social media post can amount to republication for the purposes of defamation law. It underscores the legal risks of online engagement and the responsibilities of public figures in amplifying content
| Posted on: September 11, 2025 |