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Judgments

Marriage be dissolved if the marriage between the parties is emotionally dead.

Facts: Appellant(husband) and respondent (Wife) got married under Hindu rites and customs. The appellant made allegation of cruelty and desertion against the respondent. Then appellant filed a suit for dissolution of marriage. The suit was dismissed by District Judge, the High Court also dismissed the appeal filed by the appellant upholding the judgment of the […]

Marriage be dissolved if the marriage between the parties is emotionally dead. Read More »

Difference of Culpable Homicide or Murder lies in the degree of the act.

Facts: Appellant is a truck driver who had broken the Forest Department barrier and also collided with a motorcycle. Upon receiving information Sub Inspector Tiwari along with his team went on motion to stop the truck. Instead of applying brakes, appellant tried speed away upon which SI Tiwari boarded the truck from its left side.

Difference of Culpable Homicide or Murder lies in the degree of the act. Read More »

Circumstances when quantum of Sentence under IPC can be reduced.

Facts: Appellant with a weapon stabbed respondent’s maternal uncle in his stomach with intent to kill him. Then a charge sheet was filed and the appellant faced trial under IPC Section 307 and Section 34. The learned trial judge held the appellant guilty. The high court also dismissed the appeal of appellant. Hence, this appeal.

Circumstances when quantum of Sentence under IPC can be reduced. Read More »

IS EXHORTING THE CRIMINAL JUST BEFORE THE CRIME, A CRIMINAL ACT?

Court: The Supreme Court of India Judgment Name: Sandeep Vs State of Haryana(Criminal Appeal No. 1613 of 2018) Judgment Date: August 27, 2021.   Bench: Justice Uday U Lalit, Justice Ajay Rastogi. Introduction: It is an appeal case from the High Court of Punjab and Haryana where all the appellants had been convicted under Section

IS EXHORTING THE CRIMINAL JUST BEFORE THE CRIME, A CRIMINAL ACT? Read More »

The tax, an individual or a corporate is required to pay, is a matter of planning for a taxpayer and the Government should endeavor to keep it convenient and simple to achieve maximization of compliance.

Question of Law: Whether Section 14A, enables the Income tax Department to make disallowance on expenditure incurred for earning tax free income in cases where assessees do not maintain separate accounts for the investments and other expenditures incurred for earning the tax-free income. Facts: Appellants are scheduled banks engage in banking business and also engage

The tax, an individual or a corporate is required to pay, is a matter of planning for a taxpayer and the Government should endeavor to keep it convenient and simple to achieve maximization of compliance. Read More »

Mutation entry does not confer any right, title or interest and is only for the fiscal purpose

Facts: Petitioner filed application to mutate his name in revenue records on the basis of the will. The High Court held that once the will is disputed and even otherwise the petitioner who is claiming rights/title on the basis of the will, the remedy available to the petitioner would be to file a suit. Hence

Mutation entry does not confer any right, title or interest and is only for the fiscal purpose Read More »

Extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases.

Issue: The grievance of the Petitioner is that the extension of tenure of the second Respondent to three years is contrary to Section 25 of the Central Vigilance Commission Act, 2003 Act. Judgment – “We upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of

Extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases. Read More »

Retrospectivity cannot be presumed, unless there is a clear intention in the new rule or amendment.

Facts: Appellant is state and respondent is a licensee of department of excise duty. Appellant amended a new rule and tried applying retrospectively. High Court ordered in favour of respondent. Hence this Appeal. Observation: It is evident that when the state-initiated recovery proceedings it did not give credit of the amounts collected under the head

Retrospectivity cannot be presumed, unless there is a clear intention in the new rule or amendment. Read More »

Whether suit without prayer for declaration is maintainable, when especially the title of the plaintiff is disputed?

Tag – Paying revenue doesn’t amount to be in possession of the property. Facts: That appellant claims to be in possession of suit property for 40 years. That respondent claims at present the respondent is in possession of the suit property. Appellant went to district court by filing perpetual injunction. District court after reviewing the

Whether suit without prayer for declaration is maintainable, when especially the title of the plaintiff is disputed? Read More »

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