Law Offices of Kr. Vivek Tanwar Advocate & Associates

A wife who leaves or is compelled to leave her matrimonial house cannot be asked to incur the costs of litigation of the matrimonial suit instituted against her by her husband, the Calcutta High Court recent said Thus, courts should grant 'litigation costs' to the wife at the outset when the husband institutes a matrimonial suit against her, single-judge Justice Biswaroop Chowdhury held in his May 3 order. The Court noted that when a wife leaves matrimonial home due to some disputes and differences and sometimes under compelling circumstances there is an element of depression and mental instability. In such a situation, she has to go to her parental house and has to either depend on her parents for livelihood or take up some work to earn her livelihood if she is not already employed. A wife after incurring expenditure for food clothing and shelter may be able to make some savings for future contingencies but that does not make her liable for payment of litigation costs in a matrimonial suit instituted by her husband, the judge added. As dignity of a woman is to be protected, it should be ensured that women are not compelled to incur unnecessary expenditure and face hardships, the Court underlined. The ruling came on an application filed by a husband challenging the decision of a lower court, which ordered him to pay monthly litigation costs of ₹3,000 to his estranged wife so that she can contest the matrimonial suit instituted by the husband. While the husband challenged the order on the ground that the concerned court did not consider the affidavit of assets and other technicalities before ordering litigation costs, the wife too challenged the order of the lower court to the extent it 'adjusted' the litigation costs within the maintenance amount ordered under section 125 CrPC. #divorce #litigation #calcutta #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #court #indianlaw #lawstudent #law #lawschool #supremecourt #students

Essentials of an Arbitral Award For an arbitral award to be valid it must contain the following essential elements: * The award shall be in writing. * The award shall be signed by all the members of the arbitral tribunal. * The award shall state the reasoning on which it is based. * The date and place of arbitration should be mentioned on the award. READ THE FULL ARTICLE - www.advocatetanwar.com (LINK IN BIO) #delhicourt #arbitral #arbitralaward #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #cds #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #court #indianlaw #lawstudent #law #lawschool #supremecourt #students

The Delhi High Court on Friday ordered the Union Ministry of Defence to decide in eight weeks the plea demanding that women should be allowed to join the Indian Army, Navy and Air Force through Combined Defence Services (CDS) exams. A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora disposed of the plea by filed by Advocate Kush Kalra with this direction. Central Government Standing Counsel (CGSC) Kirtiman Singh told the Bench that the government is gradually taking steps for inclusion of women in the Armed Forces. Kalra had made a representation before the Central government on December 22, 2023. The Court then disposed of the plea and ordered the Central government to dispose of Kalra's representation within eight weeks. At present, the Ministry of Defence conducts two exams for recruitment of candidates into the IMA, INA and the AFA. One is the National Defence Academy (NDA) exams which is for candidates who have passed Class XII and exams and the other is CDS which is for candidates who are graduates. Earlier, recruitment of female candidates into the Indian Military Academy (IMA), the Indian Naval Academy (INA) and the Air Force Academy (AFA) was not allowed either through the NDA or the CDS. However, after Supreme Court orders, women can now join the NDA at par with men. Kalra argued that even though women are joining the defence forces through the NDA, the practice in CDS is still discriminatory. #delhicourt #army #women #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #cds #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #court #indianlaw #lawstudent #law #lawschool #supremecourt #students

Justice Prathiba M Singh stated that a wife obtaining her husband's property who may die before her is an important safety for her financial situation during her lifetime since it assures that she is not dependent on her children after her husband's death. The Court made the statements in a property dispute case in which the trial court ruled that, pursuant to a will dated January 14, 1989, the wife of the testator (the person who made the will) had become the absolute owner of a property devolved to her as life estate. The case began with a civil suit filed by the testator's three sons and one daughter against their three siblings and a grandchild. It was contended that their mother had only limited rights to the property under the will, and that following her death, it should devolve as stated in the will. The trial court dismissed the suit, ruling that the subject property should devolve according to her successorship rather thanAs per the will. It said that the mother held absolute ownership of the land. The High Court reviewed whether the devolution was intended to provide support for the wife (mother of the opposing parties) or as a donation under the will. It was observed from the outset that the wife did not have the power to sell, alienate, or transfer the property under the will, but she did have other rights, such as the right to reclaim rent and lease it out. It was also noted that the testator's wife had not executed any wills throughout her lifetime, indicating that she had no contrary purpose to what her husband had indicated in them. It further said that an interpretation that she had absolute rights would be contrary to the spirit of Hindu Succession Act. It explained that she acquired rights solely under the Will. #delhicourt #property #womenowner #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #women #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #court #indianlaw #lawstudent #law #lawschool #supremecourt #students

The Delhi High Court recently observed that if a lover commits suicide due to love failure, his partner cannot be held to have abetted the commission of suicide. Similarly, if a student commits suicide because of his poor performance in exams or a client commits suicide because his case is dismissed by the Court, the examiner or lawyer cannot be held guilty either, observed Justice Amit Mahajan. The Court made the observations while granting anticipatory bail to a man and a woman who were booked on charges of suicide abetment after a young man died by suicide. The woman was stated to have been in a relationship with the deceased man, who committed suicide after seeing the two accused together. It was alleged that the accused instigated the deceased by saying that they engaged in physical relations and would get married soon. They also allegedly told the deceased that he does not have "manhood abilities" and that he should commit suicide or else they would upload the images of his broken car window along with his photographs with the title “Jaisi Nalli Car vaisa Nalla *****”. After considering the case, Justice Mahajan observed that the WhatsApp chats placed on record showed that the deceased was a person of sensitive nature, who constantly threatened that he would die by suicide whenever the woman refused to talk to him. It further said that the allegation that the accused teased the deceased over the failure of his romantic relationship with the woman did not appear to be the kind of instigation that would amount to abetment of suicide in terms of Section 306 of the Indian Penal Code (IPC). The Court proceeded to grant anticipatory bail to both the accused. #delhicourt #partner #love #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #lovefailure #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #court #indianlaw #lawstudent #law #lawschool #supremecourt #students

~ State of Mizoram v. Lalramliana and Anr Justice Kaushik Goswami explained that the offence of penetrative sexual assault is established the moment there is any degree of insertion, even if it is a superficial insertion which may not necessarily cause injuries or bruises to the victim’s body. The Court observed while dealing with a case under the Protection of Children from Sexual Offences Act (POCSO Act), wherein a man was accused of inserting his finger into a 13-year-old's vagina. A trial court had earlier acquitted the accused after noting a medical officer’s report that there were no genital injuries on the victim to indicate that she had been subjected to penetrative sexual assault. The Court also observed that a 13-year-old girl would not ordinarily lie about being subjected to such sexual assault and that her version of events can be relied upon without further corroboration if it appears trustworthy, credible, unblemished of sterling quality and if it inspires confidence. The High Court proceeded to set aside the trial court’s decision to acquit the accused by giving him the benefit of the doubt. However, the High Court did not proceed to convict the accused upon noticing that the trial court had framed charges wrongly. Instead of framing a charge for aggravated penetrative sexual assault (punishable with a minimum sentence of 20 years in jail) under Section 5 (n) (sexual assault by a relative or a person living in the same shared household) of the POCSO Act, the trial court had cited a charge of penetrative sexual assault under Sec 4 (which is punishable with a minimum sentence of 10 years in jail). Therefore, the High Court remanded the matter back to the trial court; The trial court was ordered to conclude the trial in 3 months. #gauhati #pocso #minor #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #streetdogsofindia #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #streetdogs #indianlaw #lawstudent #law #lawschool #supremecourt #students

~ State of Karnataka vs MN Basavaraja and ors The Supreme Court recently ruled that testimonies of family members of the deceased in dowry death cases cannot be discarded for being interested witnesses A bench of Justices Dipankar Datta and SVN Bhatti said that a woman facing harassment due to dowry demands is most likely to confide in her immediate family members and discarding their evidence would mean there would no other reliable witnesses to bring the culprits to book. The observations were made when a case was sent back to the trial court for a further ruling on whether the late wife's dowry death may result in the husband's conviction. In 2004, a trial court cleared the husband and his family who were accused of murder, maltreatment, causing the death of the dowry, and causing the evidence to vanish. The State immediately filed an appeal with the highest court after the Karnataka High Court affirmed the same ruling in 2010 but found the husband guilty of cruelty and domestic violence against his wife. The highest court ruled that there were sufficient grounds to file charges for dowry death. Nonetheless, it was argued that in order for the husband to refute the accusation of guilt against him in this case, he must have the chance to participate in a fair trial with due process. As a result, the appeal was granted, and the trial court was instructed to follow the law and reason through the situation before reaching a new judgement about the accused husband. The spouse was granted deferred prosecution until June 3, when he must appear before the sessions court to discuss terms of his bail. The High Court's sentence against him, which included the already served time in jail, was put on hold while the new trial was being handled. #dowry #dowryfreeindia #women #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #judiciaryaspirants #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #money #indianlaw #law #lawschool #supremecourt

~ Court on its own motion v State The Punjab and Haryana High Court took suo motu cognisance of an incident where an elderly woman was reportedly paraded semi-naked on the streets of Punjab's Tarn Taran district by her son's in-laws. According to news reports, the 55-year-old woman was reportedly assaulted and paraded semi-naked on March 31 by the in-laws of her son after the couple got married against their wishes. After a video of the incident went viral, the administrative judge of the area forwarded a detailed note to the Acting Chief Justice of the High Court. The Bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji noted that when the victim and her family members approached the local police to file a complaint, no attention was given to them. Only after the video surfaced on social media did the police take action and register a formal first information report (FIR) on April 3 under Section 354 (outraging modesty) under the Indian Penal Code. As of April 6, out of the five named accused, four individuals have been arrested in connection with the incident. The note sent by the administrative judge to the High Court stated the following: "I am of the considered opinion that cognizance of this incident is required to be taken up suo-motu on Judicial side, because the High Court cannot be a mute spectator such like incidents, where the respect and modesty of a lady is outraged openly, and despite taking required steps, the police and other concerned authorities shows or adopts a lacklustre attitude and not initiated prompt action." During the hearing on April 8, the Court directed the State to submit a reply and scheduled the next hearing for April 30. #punjab #haryanapunjab #punjabharyanahighcourt #indianadvocate #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #judiciaryaspirants #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #indianlawnews #indianlaw #law #haryana #suomoto

Single-judge Justice PK Chavan relied on the report of a committee that was constituted by the High Court in August 2023 to examine the post-mortem report. The report highlighted that Dr NA Phad had conducted the post-mortem on July 12, 2020, and filed the post-mortem report from his private letterhead though the postmortem was conducted at a government hospital. Further, the Court noted that the form submitted by Dr. Phad to the forensic science laboratory was improperly filled, samples of the brain of the deceased had not been forwarded and there were contradictions in the findings given in the report. Given the above, the Court directed the State government and the police to take appropriate legal action against the doctor. While the sessions court granted bail to the three co-accused, it rejected the bail application of Jaywant Bhoir on two occasions. The applicant had approached the High Court in 2021 for bail when the Court had called for the report of the forensic science laboratory and the post-mortem doctor within 8 weeks. With this direction, the applicant withdrew his bail application from the High Court. After the FSL report was filed, the applicant sought bail from the High Court again. The High Court then formed a committee of a District Civil Surgeon and Dr Phd to examine the FSL report and give the exact cause of death. After going through the report of the committee, the High Court called for action against the doctor. #medical #medicalstudent #doctor #indianadvocate #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #lawexam #judiciaryexams #indianconstitution #lawstudent #legaleducation #judiciaryaspirants #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #indianlawnews #indianlaw #law #lawschool #bombayhighcourt

Citizens enjoy various freedoms under Article 19 of the Constitution, but Article 19(2) introduces reasonable restrictions on freedom of speech and expression outlined in Article 19(1)(a). Exceptions include contempt of court, defamation, and incitement to an offense. Defamation is actionable under both civil and criminal law. In civil cases, it falls under the Law of Torts, resulting in damages awarded to the claimant. In criminal law, defamation is a bailable, non-cognizable, and compoundable offense. A police officer can only arrest with a magistrate-issued arrest warrant. The Indian Penal Code prescribes a simple imprisonment of up to two years, or a fine, or both as punishment for defamation. READ THE FULL ARTICLE (LINK IN BIO)- www.advocatetanwar.com #socialmedia #media #public #indianadvocate #supremecourtofindia #indianjudiciary #lawyer #advocate #vakeelsaab #lawnmaintenance #legalknowledge #judiciary #animalactivist #judiciaryexams #indianconstitution #lawstudent #legaleducation #animalactivism #constitutionofindia #highcourt #legalupdates #legalnews #legalfacts #legalservices #indianlawupdates #indianlawnews #indianlaw #law #lawschool #defamation