Month: November 2012
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SS Mhetre – Anticipatory Bail not for limited duration & to be granted liberally
S.S.Mhetre Decision (2010) Supreme Court held : i) Anticipatory Bail normally to sustain through the trial; ii) To be granted liberally and not in just rarest of rare cases; iii) Provisions providing for anticipatory bail to be allowed their full play. Supreme Court has reiterated the philosophy of Bail not Jail as the dominant…
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what is a stay order ? understanding court injunctions
What is a stay ?? a ‘Stay’ in legal parlance ordinarily means an order of the court whereby the court mandates that the property or any other subject matter of the litigation/case stays the way it is – and not to be sold/let/alienated further. This is done to protect the case from being rendered futile…
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Proposed Changes in Marriage & Divorce Laws
Divorce has ceased to be a taboo, and has gained a lot of social acceptability, incompatible couples are increasingly seeking divorces to start their lives afresh instead of being in an emotionally dead union, however if both are not at the same page as regards divorce – it becomes very difficult as specific fault grounds such…
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Recognition of Foreign Divorces in India ? Is your foreign divorce decree valid in India ?
This article attempts to bring some clarity on the law relating to recognition of foreign divorce decrees in India, in what circumstances they are valid, and when not ? I’ve also tried throwing light on the process and procedure of challenging or upholding the same in India ….read on DIVORCE A Happy marriage is a…
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Property Tip for landlords having property in India
In what comes as a huge respite to landlords (especially NRIs holding property in India) the Supreme Court has in a decision come down heavily upon servants/agents/caretakers/tenants/licensee’s of owners – who try to usurp property by indulging in uncalled for litigation against real owners, by abusing the process of courts, and taking benefit of the delays in the justice delivery system. It was…
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Purchase property only through Registered Sale Deed – GPA/Agreement to Sell outlawed says Supreme Court
Advise : When Buying property – Always insist on a Registered Sale Deed – don’t go into the cheaper alternatives(not anymore) GPA, Agreement to Sell etc. They do not pass good title anymore – for the Supreme Court in Suraj Lamp & Industries Pvt Ltd. V.State of Haryana – 2011 has outlawed thepractice of effecting…
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Geeta Mehrotra Vs. State of U.P.
Geeta Mehrotra Vs. State of U.P. Comment : A much needed respite, paves the way for many families implicated in a omnibus manner, with vague allegations. SUPREME COURT OF INDIA (T.S. THAKUR & GYAN SUDHA MISRA, JJ.) GEETA MEHROTRA & ANR. Appellants VERSUS STATE OF U.P. & ANR. Respondents Criminal…
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ISLAMIC LAW – AND TRIPLE TALAQ – OVER THE YEARS – NEED FOR CHANGE !
The Hanafi Sunni principle of Triple Talaq –Unilateral Talaq by Husband (known as talaq-ul-bain/biddat) has been criticized a lot for the inherent gender injustice. It gives the arbitrary power to the husband to give talaqto wife without any rhyme and reason, and leaves out no scope for reconciliation as the same is not revocable. Muslim clergy has upheld even…
The Blog of Bharat Chugh 