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Interim Maintenance Under Domestic Violence Act and Maintenance U/s 125 CrPC – Are of the Same Nature
So far as interim maintenance awarded under Section 20 of Protection of Women from Domestic Violence Act is concerned, it was held that the maintenance allowance awarded under Section 125 of CrPC by…
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Development Agreement
The expression “development agreement” has not been defined statutorily. In a sense, it is a catch all nomenclature which is used to describe a wide range of agreements which an owner of property…
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Right to Maintenance – A Pre-Existing Right
In V. Tulasamma v. Sesha Reddy, (1977) 3 SCC 99, it was held that Hindu Women’s right to maintenance is the personal obligation so far as the husband is concerned and it is…
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Void and Voidable Marriages
Section 11 of the Hindu Marriage Act provides for void marriages which may be declared as a nullity and lays down that void marriages are those marriages which are solemnized in contravention of…
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Khula – Mode of Dissolution of Marriage
“khula” is a mode of dissolution of marriage when the wife does not want to continue with the marital tie. To settle the matter privately, the wife need only to consult a Mufti…
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Appeal from Decree of Divorce – Filed beyond expiry of period of Limitation
As held by the Hon’ble Supreme Court in Anurag Mittal v. Shaily Mishra Mittal reported in (2018) 9 SCC 691, the object of Section 15 of Hindu Marriage Act is to provide protection to the person who had…
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Jurisdiction of State – Which has most intimate contact with the issues arising in the case
The Hon’ble Apex Court in Surinder Kaur Sandhu v. Harbax Singh Sandhu, (1984) 3 SCC 698 was concerned with the custody of a child who was British citizen by birth whose parents had been settled in…
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Administrative Action – Subject to Control by Judicial Review
Judicial restraint in exercise of judicial review was considered in the State (NCT of Delhi) v. Sanjeev, (2005) 5 SCC 181 as follows: “One can conveniently classify under three heads the grounds on which administrative action…
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Interpretation of Contracts
The well known rule of interpretation of contracts is that the deed ought to be read as a whole in order to ascertain the true meaning of its several clauses and a word…
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Section 125 CrPC – Is a Measure of Social Justice
It is pertinent to mention that Section 125 CrPC is a measure of social justice and it is intended to protect the wife and her children who has no means to maintain herself.…