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Author: ShadesOfKnife

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Gujarat High Court, wherein it held concurrent jurisdiction exists between 125 CrPC and PWDV Act.

From Para 12,

Therefore, even if there is no reference of maintenance either under sub-Section 2 of Section 12 or in Section 20 of the Act, the fact remains that there is concurrent jurisdiction the statute provides concurrent jurisdiction and, therefore, it cannot be said that there is over ruling of jurisdiction while granting maintenance in different proceedings. At the most, what is required to be considered while deciding the claim of maintenance is that amount already awarded in a previous litigation may be taken into consideration for arriving at final amount of maintenance and, thereby, if order of only additional amount is there, then there is no overlapping and if award is for maximum amount of maintenance that can be awarded then set off against amount payable under any previous proceedings is to be extended.

From Para 13,

When petitioner is relying upon citations which are referred herein above and are already considered by the first appellate Court while rejecting the appeal, it would be appropriate for the petitioner herein to go through the legal provision properly. The time has come that litigants restrain themselves from agitating the issue which has already been decided by competent Court, only because they are not comfortable with the same.

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors Multiple Maintenances Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book | Leave a comment

Vishal Gore Vs Aparna Gore on 13 June, 2018

Posted on December 24, 2018 by ShadesOfKnife

This order from Hon’ble Bombay High Court talks about adjusting the maintenance paid under one case, when a maintenance order is granted in another case/law/act.

Intention of the judge, from Para 18,

What I intend to emphasize is the fact that the adjustment is permissible and the adjustment can be allowed of the lower amount against the higher amount. Though the wife can simultaneously claim maintenance under the different enactments, it does not in any way mean that the husband can be made liable to pay the maintenance awarded in each of the said proceedings.

Vishal SO. Rajesaheb Gore Vs Sow. Aparna WO. Vishal Gore on 13 June, 2018

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Multiple Maintenances Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Vishal Gore Vs Aparna Gore | Leave a comment

Frivolous Public Interest Litigation (PILs)

Posted on December 24, 2018 by ShadesOfKnife

Just documenting Frivolous PILs and consequences thereof.

https://www.tribuneindia.com/news/nation/sc-slaps-rs-25-lakh-cost-on-activist-over-frivolous-pil/431186.html

https://www.deccanchronicle.com/nation/current-affairs/010517/sc-slaps-rs-25-lakh-cost-on-ngo-for-wasting-judicial-time.html

https://www.indiatoday.in/india/story/lawyer-fined-rs-25-000-for-filing-pil-to-lower-marriage-age-of-men-1372719-2018-10-22

http://www.ptinews.com/news/10245952_SC-dismisses-CJAR-s-curative-plea.html

https://www.livelaw.in/if-your-client-file-one-more-improper-pil-we-will-ban-him-sc-dismisses-bjp-leaders-plea-for-imposing-rs-2000-upper-limit-on-cash-donations-to-political-parties/

https://www.livelaw.in/news-updates/ngt-serial-pil-filer-disclose-source-litigation-funding-warns-debarment-142154


 

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Frivoluos Public Interest Litigation Summary Post Work-In-Progress Article | Leave a comment

People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003

Posted on December 24, 2018 by ShadesOfKnife

This is the judgment from Hon’ble Apex Court which held that the general public have the right to information related to candidates standing in elections.

People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003

Citation: AIR2003SC2363; JT2003(2)SC528; 2003(3)SCALE263; (2003)4SCC399; [2003]2SCR1136

Indiankanoon link: https://indiankanoon.org/doc/15059075/


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty People’s Union of Civil Liberties (P.U.C.L.) and Anr. Vs Union Of India and Anr Right to Information Section 33B of Representation of the People Act | Leave a comment

State Of Maharashtra Vs Prabhakar Pandurang Sangzgiri & Anr on 6 September, 1965

Posted on December 24, 2018 by ShadesOfKnife

This judgment from Hon’ble Supreme Court has confirmed the order of Bombay High Court which held that “The book (written by the first respondent) was in no way prejudicial to the defence of India etc., and allowed the petition.”

https://drive.google.com/open?id=1rFVTHkmEvwPheI6NB-JcR89ris6cj54Y


Citation: 1966 AIR 424, 1966 SCR (1) 702

Indiankanoon link: https://indiankanoon.org/doc/850821/


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Right to Write a Book State Of Maharashtra Vs Prabhakar Pandurang Sangzgiri and Anr | Leave a comment

Compensation for Accident Victims and Families of Accident Victims

Posted on December 24, 2018 by ShadesOfKnife

Accidents have risen over years in India and deaths occurring in such accidents have also risen considerably. To give relief to the victims of such accidents and the families of victims who lost their life, both Government and Supreme Court have issued appropriate directions. The below is same for everyone’s benefit.

https://www.hindustantimes.com/india-news/fir-enough-to-award-compensation-to-accident-victim-or-the-family-says-supreme-court/story-9Yh2KMuRcLn9ZZaI2TLusI.html

https://timesofindia.indiatimes.com/india/damages-for-road-accident-victims-to-increase-10-fold/articleshow/64130148.cms

https://www.thehindubusinessline.com/news/kin-of-road-accident-victims-to-get-5-lakh-compensation/article23971743.ece

https://timesofindia.indiatimes.com/india/kin-seek-rs-25-lakh-for-accident-death-sc-awards-them-rs-50-lakh/articleshow/66929120.cms

https://www.livelaw.in/centre-amends-motor-accident-compensation-scale-under-no-fault-liability/

Here is the Amendment to the MV Act 1988 fixing the compensation of 5 lakh rupees in case of accidental death.

Ministry of Road Transport and Highways Notification

Similarly, for train accidents too while boarding/de-boarding.

https://www.livelaw.in/victim-entitled-to-compensation-when-death-or-injury-is-in-the-course-of-boarding-or-de-boarding-a-train-sc-resolves-conflicting-views-in-railway-accident-claims-matters-read-judgment/


Of course, in appropriate cases, criminal proceedings can also be initiated under Section 304A in The Indian Penal Code


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Posted in Judicial Activism (for Public Benefit) | Tagged Grant Compensation In Accidental Deaths Work-In-Progress Article | Leave a comment

State Of Maharashtra Vs Chandrabhan Tale on 7 July, 1983

Posted on December 23, 2018 by ShadesOfKnife

Hon’ble Supreme Court has in this judgment held that “a civil servant under suspension is entitled to the normal subsistence allowance even after his conviction by the Trial Court pending consideration of his appeal filed against his conviction until the appeal is disposed of finally one way or the other, whether he is on bail or lodged in prison on conviction by the Trial Court.”

State Of Maharashtra Vs Chandrabhan Tale on 7 July, 1983

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty State Of Maharashtra Vs Chandrabhan Tale | Leave a comment

Hussainara Khatoon and Ors Vs Home Secretary, State of Bihar

Posted on December 23, 2018 by ShadesOfKnife

This is the landmark judgment from Hon’ble Apex Court, regarding free legal aid and Right to Speedy Trial.

1 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 12 February, 1979

Citation: 1979 AIR 1360, 1979 SCR (3) 169

Indiankanoon link: https://indiankanoon.org/doc/1007347/


2 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 9 March, 1979

Citation: 1979 AIR 1369, 1979 SCR (3) 532

Indiankanoon link: https://indiankanoon.org/doc/1373215/


3 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 19 April, 1979

4 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 4 May, 1979

Citation: 1979 AIR 1819, 1979 SCR (3)1276

Indiankanoon link: https://indiankanoon.org/doc/384639/


5 Hussainara Khatoon & Ors Vs Home Secretary, State Of Bihar on 4 August, 1995

Citation: 1995 SCC (5) 326, 1995 SCALE (4)633

Indiankanoon link: https://indiankanoon.org/doc/68294832/


Some background about the advocate who fought this case.

https://indianexpress.com/article/india/india-others/in-public-interest/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar Landmark Case Right to Legal Aid Right to Speedy Trial | Leave a comment

Achievements of Shri. Mahesh Chandra Mehta

Posted on December 23, 2018 by ShadesOfKnife

 

https://indiankanoon.org/doc/73307198/

https://indiankanoon.org/doc/39655171/

https://indiankanoon.org/doc/1486949/

M.C. Mehta v. Union of India – Ganga Pollution Case – Case Summary


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Posted in Judicial Activism (for Public Benefit) | Tagged Work-In-Progress Article | Leave a comment

Pt. Parmanand Katara Vs Union Of India & Ors on 28 August, 1989

Posted on December 23, 2018 by ShadesOfKnife

 

Pt. Parmanand Katara Vs Union Of India & Ors on 28 August, 1989

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Pt. Parmanand Katara Vs Union Of India and Ors Work-In-Progress Article | Leave a comment

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