Article 227 Petition Maintainable Against Domestic Violence Act Proceedings: Madras High Court

Article 227 is “forum-neutral”, which makes no distinction between civil court and criminal court. The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding … Read more

Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court

The Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed merely because it does not mention the date on which the demand notice was served upon the alleged defaulter/ drawer. “The complaint cannot be thrown at the threshold even if … Read more

SC: Right of daughter in ancestral property as coparcener since her birth

Landmark Supreme Court Judgment on the right of a daughter in ancestral property as coparcener since her birth Resultantly, we answer the reference as under: (i) The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner … Read more

Strict proof of Marriage is not required in proceeding U/S 125 of CRPC – Supreme Court

Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings Under Section 125 Code of Criminal Procedure, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. In Dwarika Prasad Satpathy v. Bidyut Prava Dixit MANU/SC/0673/1999 : (1999) 7 SCC 675, this Court held … Read more

Whether daughter is entitled to get share in ancestral property which was inherited by her mother?

Thus, under Subsection (2) of Section 3 of Hindu Women’s Right to Property Act, 1937 when a Hindu governed by any school of Hindu law other than Dayabhaga dies having at the time of his death interest in Hindu joint family property, his widow shall have the same right, widow shall have in the property … Read more

Whether the court should dismiss a complaint for the dishonour of cheque if cheque amount is more than amount due?

However, the learned Trial Court found contradiction in the number of cartons in the complaint as well as in the statement of the appellant. It was found that the cheque amount is more than the amount allegedly due on the date when cheque was presented, therefore, the complaint was dismissed. It held that there are … Read more

When sons are not entitled to get partition of property standing in name of mother?

In view of the above submissions made on either side, the only question that has to be decided in this appeal is whether the suit C to E schedule properties could be considered as joint family properties to seek for partition by the plaintiffs? It is the case of the plaintiffs that the suit C … Read more

Magistrate can not grant maintenance U/S 125 of CRPC after declining relief under Domestic violence – Supreme Court

Once the learned Magistrate declined to grant maintenance for reasons specified, it was not open for him to assume jurisdiction in a proceeding under section 125 of the Cr.P.C. which was not pending before him and was a completely independent proceeding to direct grant of maintenance under the same. The two being independent proceedings, the … Read more