Dinesh Maheshwari

Supreme Court Orders Maintenance for Wife After Husband Questions Chastity in Matrimonial Dispute: Anju Garg & Anr. vs. Deepak Kumar Garg (28 September 2022)

/ Bela M. Trivedi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Constitutional Law, Constitutional Law with Article 15, Constitutional Law with Article 39, Cruelty, Dinesh Maheshwari, Family Law, Judges, Maintenance, Matrimonial Disputes

Supreme Court Orders Maintenance for Wife After Husband Questions Chastity Date of the Judgment: 28 September 2022 Citation: [Arising out of SLP(Crl.) NO. 10353 OF 2018] Judges: Hon’ble Justices Dinesh Maheshwari and Bela M. Trivedi Can a husband’s baseless allegations of infidelity and denial of paternity justify a wife’s separation and claim for maintenance? The […]

Supreme Court Orders Maintenance for Wife After Husband Questions Chastity in Matrimonial Dispute: Anju Garg & Anr. vs. Deepak Kumar Garg (28 September 2022) Read Post »

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (26 September 2022)

/ Bela M. Trivedi, Code of Civil Procedure, 1908, Dinesh Maheshwari, Judges, Order VII Rule 11, Code of Civil Procedure, 1908, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 86(7), Section 116A, Representation of the People Act, 1951

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (2022) LEGAL ISSUE: Whether an order of the High Court can be set aside if it is not supported by a reasoned judgment, particularly in the context of an election petition. CASE TYPE:

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (26 September 2022) Read Post »

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022)

/ Constitutional Law, Constitutional Law with Article 39, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Juvenile Justice Act, Juvenile Justice Act, 2000 with Section 20, Juvenile Justice Act, 2000 with Section 7A, Juvenile Justice Act, 2015 with Section 94, Offences Against Human Body

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a claim of juvenility can be raised at any stage of a legal proceeding, even after the final disposal of the case. CASE TYPE: Criminal Case Name: Vinod Katara vs. State of Uttar

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022) Read Post »

Supreme Court Upholds Murder Conviction, Rules Out Culpable Homicide in Madhya Pradesh Case (7 September 2022)

/ Bela M. Trivedi, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Upholds Murder Conviction, Rules Out Culpable Homicide in Madhya Pradesh Case (2022) LEGAL ISSUE: Whether the accused were guilty of murder under Section 302 of the Indian Penal Code, 1860 or culpable homicide not amounting to murder under Section 304 of the Indian Penal Code, 1860, and whether Exception 4 to Section 300

Supreme Court Upholds Murder Conviction, Rules Out Culpable Homicide in Madhya Pradesh Case (7 September 2022) Read Post »

Supreme Court Clarifies Burden of Proof in Disproportionate Assets Cases: State of Tamil Nadu vs. R. Soundirarasu (2022)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 239, Code of Criminal Procedure with Section 240, Criminal Misconduct, Dinesh Maheshwari, J.B. Pardiwala, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(e)

Supreme Court on Disproportionate Assets: State vs. R. Soundirarasu (2022) LEGAL ISSUE: Burden of proof in cases of disproportionate assets under the Prevention of Corruption Act, 1988. CASE TYPE: Criminal Law, Prevention of Corruption Case Name: State through Deputy Superintendent of Police vs. R. Soundirarasu ETC. Judgment Date: 5 September 2022 Introduction Date of the

Supreme Court Clarifies Burden of Proof in Disproportionate Assets Cases: State of Tamil Nadu vs. R. Soundirarasu (2022) Read Post »

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711

/ Bela M. Trivedi, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711 LEGAL ISSUE: Whether the accused’s actions constitute murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name: Krishnamurthy vs. State [Judgment Date]: 01 September 2022 Date of the Judgment: 01 September 2022

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711 Read Post »

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022)

/ Bela M. Trivedi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022) LEGAL ISSUE: Whether the testimony of eyewitnesses, who acted unnaturally after witnessing a crime, can be considered reliable for conviction in a murder case. CASE TYPE: Criminal Case Name: Dibakar Nunia & Anr. vs. The State

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022) Read Post »

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board: Karnataka Housing Board vs. State of Karnataka (28 July 2022)

/ A.M. Khanwilkar, C.T. Ravikumar, Dinesh Maheshwari, Judges, Karnataka Housing Board Act, 1962, Karnataka Housing Board Act, 1962 with Section 24(2), Karnataka Housing Board Act, 1962 with Section 33(2), Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4(1), Land Acquisition Act, 1894 with Section 5A, Land Acquisition Act, 1894 with Section 6(1)

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board Introduction Date of the Judgment: 28 July 2022 Citation: Not Available Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., C.T. Ravikumar, J. Can the Karnataka Housing Board (KHB) acquire land without a pre-approved housing scheme? The Supreme Court recently addressed this critical question, clarifying the relationship

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board: Karnataka Housing Board vs. State of Karnataka (28 July 2022) Read Post »

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (28 July 2022)

/ Adoption Rights, Dinesh Maheshwari, Guardian and Wards Act, 1890, Guardian and Wards Act, 1890 with Section 10, Hindu Adoption and Maintenance Act, 1956, Hindu Adoption and Maintenance Act, 1956 with Section 12, Hindu Adoption and Maintenance Act, 1956 with Section 9, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 6, Judges, Krishna Murari, Natural Guardian

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (2022) Date of the Judgment: 28 July 2022 Citation: Not Available Judges: Dinesh Maheshwari, J. and Krishna Murari, J. Can a mother, after the death of her child’s biological father, decide the surname of the child, especially if she remarries? The Supreme Court

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (28 July 2022) Read Post »

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002: Vijay Madanlal Choudhary vs. Union of India (27 July 2022)

/ A.M. Khanwilkar, C.T. Ravikumar, Code of Criminal Procedure, 1973, Constitutional Law, Constitutional Law with Article 20, Dinesh Maheshwari, Fundamental Rights, Indian Evidence Act, 1872, Judges, Money Laundering, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 3, Prevention of Money Laundering Act, 2002 with Section 45

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002 Date of the Judgment: 27 July 2022 Citation: Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors., 2022 INSC 615 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., and C.T. Ravikumar, J. Is the Prevention of Money Laundering Act, 2002 (PMLA) a

Supreme Court Upholds Key Provisions of Prevention of Money Laundering Act, 2002: Vijay Madanlal Choudhary vs. Union of India (27 July 2022) Read Post »

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (27 July 2022)

/ A.M. Khanwilkar, Calcutta Thika Tenancy Act, 1949, Calcutta Thika Tenancy Act, 1949 with Section 2(5), Dinesh Maheshwari, Judges, Thika Tenant Definition, Vesting of Thika Tenancies, West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 with Section 2(14)

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (2022) LEGAL ISSUE: Interpretation of “thika tenant” and the nature of structures on leased land under West Bengal tenancy laws. CASE TYPE: Property Law/Tenancy Law. Case Name: Nemai Chandra Kumar (D) Thr. Lrs. & Ors. vs. Mani Square Ltd. & Ors. Judgment Date:

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (27 July 2022) Read Post »

Supreme Court allows substitution of legal heir despite other claimants: R. Krsna Murti vs. R.R. Jagadesan (21 July 2022)

/ Aniruddha Bose, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII Rule 5, Dinesh Maheshwari, Judges

Supreme Court Allows Substitution of Legal Heir Despite Other Claimants: R. Krsna Murti vs. R.R. Jagadesan (2022) LEGAL ISSUE: Whether a legal heir can be substituted in a suit when other legal heirs exist. CASE TYPE: Civil (Succession) Case Name: R. Krsna Murti vs. R.R. Jagadesan Judgment Date: 21 July 2022 Date of the Judgment:

Supreme Court allows substitution of legal heir despite other claimants: R. Krsna Murti vs. R.R. Jagadesan (21 July 2022) Read Post »

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