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Default Bail when HC Regular Bail Pending
In a significant ruling, the Punjab and Haryana High Court has clarified that a Magistrate or the Sessions Court, as the case may be, retains the competence to grant default bail to an accused, even when a regular bail application is pending before a Sessions Court or the High Court. The development comes while hearing…
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Dowry Death Discharge By HighCourt in Cruelty Case
While upholding discharge of a husband and his family members in a dowry death and cruelty case, the Delhi High Court has observed merely because the deceased was seen crying cannot per se make out any case of dowry harassment. Justice Neena Bansal Krishna said that the statements of the brother and sister of the…
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Insurer Liability after ReSale – Supreme Court
The Supreme Court held that the insurer of the registered owner of a vehicle will be liable to compensate third-party losses arising out of the use of the vehicle, if the registration of the vehicle was not changed despite its transfer. A bench of Justices K Vinod Chandran and NV Anjaria heard an appeal by…
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Maternity Leave Case HighCourt Chandigarh
The Punjab and Haryana High Court has said that denying maternity leave to a contractual employee under the Maternity Benefit Act would amount to discrimination on grounds of nature of their employment and thereby violates Article 14 of the Constitution which guarantees equal protection of law. Justice Aman Chaudhary said: “The Maternity Benefit Act, 1961,…
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Alimony in Divorce Latest Supreme Court Ruling
The Supreme Court observed that alimony received after the first divorce was not a relevant factor to determine the alimony payable after the divorce of the second marriage. The Court rejected the husband’s contention that the wife was not entitled to alimony as she got a fair settlement from her first divorce. “The appellant-husband asserts…
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