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Supreme Court Quashes FIR and Proceedings Under Section 376(2)(n) IPC Against Advocate -- Consensual Relationship With Married Woman Does Not Constitute Rape on False Promise of Marriage

The Supreme Court quashed criminal proceedings against the appellant-advocate accused of rape under Section 376(2)(n) IPC by a married woman complaina...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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Bombay High Court Allows Widow's Petition for Freedom Fighter Pension Under Swatantrya Sainik Sanman Pension Scheme. The court held that the petitioner, as widow of an underground freedom fighter, is entitled to pension benefits from 14-08-1995.

The petitioner, Sarubai w/o Narayansinh Thakur, aged 87 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

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Karnataka High Court Allows Writ Petition Challenging Denial of Compassionate Appointment to Second Wife. Endorsement rejecting claim of second wife as not entitled to compassionate appointment under Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 quashed.

The petitioner, Smt. T.H. Ashalatha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 4....

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Karnataka High Court Allows Wife's Appeal Against Divorce Decree in Desertion Case — Marriage Not Irretrievably Broken. Husband Failed to Prove Desertion for Continuous Period of Two Years Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appeal arises from a judgment and decree dated 06.04.2017 passed by the I Additional Principal Family Court, Mysuru, in M.C. No.365/2015, whereby ...

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Bombay High Court Dismisses Petition to Remove Arbitrator in Arbitration Dispute. Relationship Between Arbitrator and Law Firm Representing Party Does Not Automatically Disqualify Under Section 12(5) of Arbitration Act.

The petitioner, Sheetal Maruti Kurundwade, filed a petition under Section 9 and Sections 12(3) and 12(5) of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Quashes Process Against Applicants in Bigamy Case for Lack of Essential Ingredients of Section 494 IPC. The complaint did not allege that the applicants performed any marriage or had knowledge of the first marriage, making the issuance of process an abuse of process.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) filed by the applicants seeking quashing of ...