Search Results for "1955"

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Search Results for "1955"

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High Court

Bombay High Court Allows Waiver of Six-Month Cooling-Off Period in Mutual Consent Divorce Case — Emphasizes Liberal Interpretation of Section 13B(2) of Hindu Marriage Act, 1955 to Do Substantial Justice. The Court held that the statutory period can be waived in exceptional circumstances, setting aside the Family Court's rigid approach.

7 Apr 2017

The petitioners, a husband and wife, jointly filed a writ petition challenging an order dated 13-2-2017 passed by the Family Court, Akola, rejecting t...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Tenant's Application for Standard Rent Under Section 11(2) of Bombay Rent Act Protects Against Eviction for Arrears. The court held that a tenant who applies for standard rent before the suit is filed is not in default and cannot be evicted for arrears under Section 12(3)(a) of the Bombay Rent Act, 1947.

11 Jul 2017

The case involves a landlord (petitioner) who sought eviction of a tenant (respondent) from an open space admeasuring 6 ft X 6 ft at Survey no.553 at ...

High Court

Bombay High Court Dismisses Husband's Appeals Against Restitution of Conjugal Rights Decree and Dismissal of Divorce Petition. Husband Failed to Prove Cruelty or Desertion; Wife's Refusal to Stay with In-Laws Not Unreasonable.

13 Oct 2017

The case involves two appeals filed by the husband, Rakesh Jaiswal, against the judgments of the Family Court, Aurangabad. The first appeal (FCA No. 8...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree in Hindu Marriage Act Case — Remand for Fresh Consideration on Subsequent Cause of Action. The court held that a second divorce petition based on a cause of action arising after dismissal of earlier petition is maintainable under Order IX Rule 9 CPC and Section 13(1)(ia) of Hindu Marriage Act, 1955.

3 Oct 2017

The appellant wife challenged the judgment and decree of the Family Court at Aurangabad in Hindu Marriage Petition No. A-220/2010, which dissolved her...

High Court

Bombay High Court Modifies Interim Maintenance Order in Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Family Court's award of Rs.30,000 per month reduced to Rs.15,000 per month under Section 24 of Hindu Marriage Act, 1955, as wife is capable of earning and husband's income is limited.

11 Oct 2017

The petitioner-husband challenged the Family Court's order directing him to pay Rs.30,000 per month as interim maintenance to the respondent-wife unde...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

High Court

Bombay High Court Partially Allows Wife's Maintenance Claim in Matrimonial Dispute Under Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 — Husband's Income Assessed at Rs. 30,000 per Month. The court directed payment of interim maintenance of Rs. 10,000 per month, litigation costs of Rs. 5,000, and medical expenses of Rs. 2,000 per month, holding that the wife is entitled to maintenance as she has no independent income.

10 Nov 2017

The case involves two writ petitions arising from a common order of the Principal Judge, Family Court, Pune, in P.A. No.891 of 2014. The wife, Mrs. Sh...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Under Bombay Government Premises (Eviction) Act, 1955 — Lease Expiry and Government Requirement Justify Eviction. Petitioner's challenge to eviction dismissed as lease had expired and premises were required for government purposes.

15 Dec 2017

The petitioner, Laxmi B. Metkari, was a lessee of a commercial premises in Mumbai under a lease deed dated 13 June 1981, renewed until 28 September 20...

High Court

Bombay High Court Dismisses Husband's Appeal Against Denial of Divorce on Ground of Cruelty and Upholds Restitution of Conjugal Rights. Suppression of Wife's Ailment and Eccentric Behaviour Not Proven as Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

4 Dec 2017

The appellant husband, Gaurav Sanjeev Wattal, and the respondent wife, Pallavi Gaurav Wattal, were married on April 30, 2006. Both are highly educated...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court's Order on Limitation in Carriage by Air Act Case. The court held that the suit for damages for loss of cargo was not barred by limitation under Section 30 of the Carriage by Air Act, 1972, as the limitation period runs from the date of delivery or when the cargo ought to have been delivered.

2 Feb 2018

The petitioner, British Airways, challenged an order of the City Civil Court, Mumbai, which answered a preliminary issue on limitation in the negative...

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