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Supreme Court Allows Wife's Appeal in Child Custody Dispute, Sets Aside High Court Orders Compelling Child to Boarding School. Welfare of Child Paramount: Child's Wish to Continue in Local School Upheld; Mother Not in Contempt.

The appellant-wife and respondent-husband married in 2006 and had a son in 2009. In 2012, the husband filed for divorce under Section 13(1)(ia)(iii) o...

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Supreme Court Restores Stay for Tenant in Eviction Case Due to Substantial Compliance with Conditional Order. Tenant Directed to Pay Reduced Damages for Remaining Premises Pending Appeal.

The case arises from an eviction suit filed by the respondent-landlord against the appellant-tenant regarding a property comprising a basement and sec...

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Supreme Court Allows Appeal, Restores Complaint Against Police Officer in Assault and Theft Case — High Court Exceeded Jurisdiction Under Section 482 CrPC by Appreciating Evidence and Erred in Requiring Sanction Under Section 197 CrPC.

The appellant, Devendra Prasad Singh, filed a complaint against respondent No. 2, a police officer (SHO), alleging offences under Sections 323, 341, 3...

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Supreme Court Dismisses Appeal in Land Dispute, Grants Liberty to File Fresh Suit for Proper Reliefs. The Court held that the suit was misconceived as the appellant claimed improper reliefs instead of seeking declaration of ownership and injunction against interference without due process of law.

The appellant, Anant Shankar Bhave, filed a civil suit against the Kalyan Dombivli Municipal Corporation seeking a declaration that the act of changin...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Upholds Conviction of Accused for Murder Under Section 302 IPC in Political Clash Case. Fatal Stab by First Accused Held Spontaneous, Not in Furtherance of Common Intention Under Section 34 IPC.

The case arises from a political clash between BJP and CPM sympathisers on 28.09.2005 near Rosy School, Chozhiyamkod. The appellant-Mani and three oth...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Quashing of Complaint Set Aside. Sufficiency of Averments Under Section 141 NI Act for Partner Liability Determined on Holistic Reading of Complaint.

The appeal arose from a judgment of the High Court of Judicature at Hyderabad which quashed criminal proceedings against the first respondent (a partn...