Saturday, November 21, 2009

LITIGANT CANNOT BE MADE TO SUFFER FOR THE DEFAULT OF ADVOCATE

It would be improper that the litigants should be punished for non appearance of the learned counsel and the litigants were suffering injustice merely because their chosen Advocate had defaulted
Ram Kumar Gupta & Anr. v. Har Prasad & Anr. (S.C. - criminal Apeal No. 7648-49 of 2009)

Thursday, November 5, 2009

Compounding of offences _ Locus.

Dishonour of cheque _ Power to compound such offences would be deemed to have been extended only upon the complainant/ affected person etc. but not upon the accused. (See Kausarbag Co-operative Housing Society Ltd. Vs. State of Maharashtra & ors. 2009 (9) LJSOFT (URC) 10)

Cancellation of bail - Addition of offences.

Additions of offence/s to the same set of facts cannot justify cancelling of bail unless it is shown that omission to add the Sections was done with a view to help the accused. (See Audumber alias Shubham Pednekar Vs. State of Goa & anr. 2009 (10) LJSOFT (URC) 21)

Divorce - Suspicion

Wife's suspicion can't be ground for divorce. Mere suspicion by a woman that her husband is allegedly having an affair with another woman cannot be the ground for divorce. (See Mrs. Deeplakshmi Sachin Zingade Vs. Sachin Rameshrao Zingade 2009 (10) LJSOFT (URC) 4)

Hindu law - Adoption

Hindus who have always wanted to adopt a girl even though they already have a daughter can now do just that. The Hindu adoption law prohibits same gender adoptions but, in a landmark judgment, the Bombay High Court has thrown open the legal doors to allow Hindus adopt a child of the same gender as their existing one. (See Re : Payal @ Sharinee Vinay Pathak 2009 (10) LJSOFT (URC) 9)