Search Results for "Section 125"

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Supreme Court

Supreme Court Upholds Women Army Officers' Right to Permanent Commission in Landmark Gender Equality Judgment. Court holds that women SSC officers are entitled to PC at par with male counterparts, rejecting discriminatory service conditions.

17 Feb 2020

The case concerns a batch of appeals filed by the Ministry of Defence against a Delhi High Court judgment directing the grant of Permanent Commission ...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

Supreme Court

Supreme Court Quashes FIR in Matrimonial Dispute Case Due to Concocted Allegations and Police Report. Court holds that FIR registered on basis of false complaint to mount pressure on wife and family is abuse of process of law.

20 Jan 2020

The appeal arose from an order of the Allahabad High Court dismissing a petition under Section 482 CrPC for quashing an FIR. The appellant's sister Ms...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

Supreme Court

Supreme Court Dismisses Appeal Against Chief Minister in Election Affidavit Case — Non-Disclosure of Cognizance-Taken Cases Not an Offence Under Section 125-A of Representation of the People Act, 1951. The Court held that Section 33-A of the Act requires disclosure only of charge-framed cases, and the statutory scheme cannot be expanded by rules or forms.

1 Oct 2019

The appellant, Satish Ukey, a practicing advocate, filed a criminal complaint against the first respondent, Devendra Gangadharrao Fadnavis, the then C...

Supreme Court

Supreme Court Dismisses Appeal of Importer in Customs Classification and Valuation Dispute — Head End Equipment Classified Under CTH 8543 8999 and Software/Service Charges Included in Assessable Value. The court upheld the Tribunal's finding that the imported goods constituted a complete functional unit and that the appellant's mis-declaration of classification and value justified penalties under Sections 112(a) and 114AA of the Customs Act, 1962.

27 Sep 2019

The Supreme Court dismissed the appeal filed by Indusind Media & Communications Ltd. against the order of the Customs Excise and Service Tax Appellate...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was on Ground of Desertion. Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women as There Is No Obligation to Live with Ex-Husband After Divorce.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Upholds Conviction of ISIS Associate Under Section 120B IPC and Section 38 UAPA, Acquits Under Section 125 IPC and Sections 39, 40 UAPA. Membership of terrorist organisation and criminal conspiracy established, but waging war and fund-raising charges not proved.

2 Aug 2019

The case pertains to the conviction and sentencing of Yasmeen Mohammad Zahid (A2) for offences related to her association with the Islamic State of Ir...

Supreme Court

Supreme Court Allows Divorce by Mutual Consent Under Article 142 After Settlement in Matrimonial Dispute. Marriage Dissolved on Agreed Terms Including Financial Settlement for Wife and Daughter.

1 May 2019

The appellant-husband and respondent-wife were married on 07.05.1998 and had a daughter. Due to strained relations, they lived separately. The husband...

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