Search Results for Tag : section 12
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SC: Bodily Injury Not Necessary for Offence Under Section 121A of IPC(14.07.2022)
Supreme Court while upholding the conviction and life sentence of four persons for causing the terror attack at the IISC Bengaluru in December 2005, h.....
Tags : Supreme Court, Section 121A, Life Sentence
AP HC Directs Filing of Counter Affidavit in Plea Challenging Section 12 of APSDC Act 2020(22.10.2021)
Andhra Pradesh High Court has directed the Union of India to file a counter affidavit by November 15 regarding the petitions that challenged Section 1.....
Tags : Andhra Pradesh High Court, Challenging Section 12 of APSDC Act 2020
Delhi HC: Rejection of Maintenance in Divorce Proceeding Doesn’t Disentitle Right U/S 125 CrPC(01.08.2022)
Delhi High Court has held that the pendency of divorce petition and rejection of an application for maintenance in such petition, would not disentitle.....
Tags : Delhi High Court, Maintenance, Section 125 CrPC
Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)
Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....
Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio
Punjab And Haryana High Court: Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated(05.05.2022)
Punjab and Haryana High Court has observed that husband is legally and morally responsible; wife cannot be denied maintenance on the grounds of being .....
Tags : Punjab and Haryana High Court, Maintenance for Wife, Section 125 Criminal Procedure Code
SC Puts Sedition Law on Hold, Asks Govts Not to Register Cases(11.05.2022)
Supreme Court has put the sedition Law on hold, and urged the central and state governments not to file any First Information Reports (FIRs) under Sec.....
Tags : Supreme Court, sedition, Section 124A, Indian Penal Code, 1860
Keep Sedition Law In Abeyance Until Reconsidered: SC(11.05.2022)
Supreme Court has directed to put 152-year-old sedition law under Section 124A of the Indian Penal Code (IPC) in abeyance till the Union Government re.....
Tags : Sedition Law, Section 124A, IPC, Indian Penal Code
MP HC: Section 125 CrPC Not Constituted to Create Army of Idle People Waiting For Maintenance(18.10.2024)
MP HC has held that Section 125 of CrPC, 1973 has not been constituted to create an army of idle or inactive people waiting for maintenance to be awar.....
Tags : MP High Court, Section 125, Maintenance
Ori. HC: Wife Staying with Paramour & Not Reporting About Missing Husband is Not Criminal Conspiracy(15.11.2024)
Orissa High Court has held that a wife not trying to trace her husband, not reporting his missing status and staying with paramour will not amount to.....
Tags : Orissa High Court, Criminal Conspiracy, Section 120-B
SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)
Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....
Tags : Supreme Court, Section 12(5) Of Arbitration & Conciliation Act
Kerala HC: Maintenance Must be Granted from Date of Filing of Petition(20.12.2022)
Kerala High Court has held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date .....
Tags : Kerala High Court, Section 125 CrPC, Maintenance
Cal. HC: Bill Generated For Exporting Goods Expired Due to Accident, 200% Penalty Quashed(08.02.2024)
Calcutta HC while quashing 200% penalty has observed that unless department establishes that transporter or owner of goods had an intention to violate.....
Tags : Calcutta High Court, Section 129 of WBGST Act, 200% Penalty
Ch HC: Impotency of Husband Sufficient Reason for Wife to Reside Separately, Entitled to Maintenance(29.01.2024)
Chhattisgarh High Court has observed that the impotency of the husband would be sufficient reason for the wife to reside separately and in such cases .....
Tags : Chhattisgarh High Court, Maintenance, Section 125 of CrPC
All HC:Husband Duty Bound to Maintain Wife Despite Lack of Income as He Can Earn as Unskilled Labour(29.01.2024)
Allahabad High Court has held that a husband is duty-bound to provide maintenance to his wife under Section 125 Code of Criminal Procedure, even if, h.....
Tags : Allahabad High Court, Section 125 CrPC, Maintenance
Cal. HC: Maint. Provisions in CrPC are Welfare Provisions, Not to be Proved Beyond Reasonable Doubt(02.02.2024)
Calcutta High Court has recently held that the provisions for maintenance under Section 125 of Code of Criminal Procedure (CrPC) are welfare legislati.....
Tags : Calcutta High Court, Reasonable Doubt, Section 125 CrPC, Welfare Provision
Mad. HC: Pre-Institution Mediation Is Pre-Suit Legal Drill, Can’t Be Post Suit Exercise(24.01.2023)
Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act, 2015 is a pre-suit legal d.....
Tags : Madras High Court, Section 12A, legal drill
All HC: Deduction of Payment for Loan, LIC from Salary Can’t be Sought by Husband to Determine Main.(02.04.2024)
Allahabad High Court has held that in order to determine maintenance under Section 125 of Code of Criminal Procedure, 1973 husband cannot seek a deduc.....
Tags : Allahabad High Court, Section 125 of CrPC, Deduction
Bom. HC: Imprisonment Exceeding Twelve Months Can’t Be Given For Default in Payment of Maintenance(28.02.2024)
Bom. HC has observed that the Magistrate under Section 125 of CrPC can only impose imprisonment upto twelve months on 1 application for default of pay.....
Tags : Bombay High Court, Section 125 of CrPC, Payment of Maintenance
All HC: Can’t Invoke Penalty Proceedings u/s 129 of UPGST Act, 2017 For Search And Seizure Of Godown(28.02.2024)
Allahabad HC has held that the provision of Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017(UPGST) can’t be invoked to subject a .....
Tags : Allahabad High Court, Section 129(3) of UPGST Act, Search and Seizure
Chhattisgarh HC: Daughter Has to Show She is Minor or Unable to Maintain Herself to Seek Maintenance(09.12.2022)
Chhattisgarh High Court has held that as per Section 125 CrPC, to get maintenance, a daughter has to make out a case that she is unable to maintain he.....
Tags : Chhattisgarh High Court, Maintenance, Section 125
Karnataka High Court: Daughter-In-Law Can’t Lay Maintenance Claim Against Parents-In-Law(12.03.2024)
Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, 1973 a daughter-in-law cannot seek maintenance from her parents-i.....
Tags : Karnataka High Court, Section 125 of CrPC, Maintenance
MP HC: Maintenance Can’t be Sought by Woman from Second Marriage if First Marriage Subsists(13.03.2024)
Madhya Pradesh High Court has held that a woman, having solemnized second marriage to another person is not entitled to maintenance under Section 125 .....
Tags : Madhya Pradesh High Court, Section 125 of CrPC, Maintenance
All. HC: EMI of Personal Loan to be Added in Monthly Income for Determining Maintenance u/s 125 CrPC(15.03.2024)
Allahabad High Court has held that in order to determine the monthly allowance payable to the wife under Section 125 of the Code of Criminal Procedure.....
Tags : Allahabad High Court, Section 125 of CrPC, Personal Loan, Monthly Income
Kar. HC: Can’t Consider Party’s Declaration, Promise of Policies as Corrupt Practise under RP Act(27.04.2024)
Kar. HC has observed that declaration by a party regarding implementation of policy whether it is sound or not cannot be considered as a corrupt pract.....
Tags : Karnataka High Court, Corrupt Practise, Section 123 of RP Act
Allahabad HC: Section 125 CrPC Falls Within Constitutional Sweep of Article 15 (3)(16.03.2022)
Allahabad High Court has observed that Section 125 of Code of Criminal Code, 1973 is enacted for social justice and especially to protect women and ch.....
Tags : Allahabad High Court, Section 125 CrPC
Karnataka HC: Application Under Section 12 DV Act Not Barred by Section 468 CrPC(19.05.2021)
Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act, 2005 is not barred by period of limitation under.....
Tags : Karnataka High Court, Application Under Section 12 DV Act
Allahabad HC: Divorced, Unmarried Muslim Woman Can Claim Maintenance u/s 125 CrPC(18.04.2022)
Allahabad High Court has held that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 of the Code of Cr.....
Tags : Allahabad High Court, Section 125 of the Code of Criminal Procedure, 1973, iddat
ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
Gauhati HC: Assessing Officer and Inspecting Person Need Not Be Similar Person Under Electricity Act(21.04.2022)
Gauhati High Court has observed that Section 126 of the Electricity Act, 2003 empowers the Assessing Officer as chosen to carry out the provisional as.....
Tags : Gauhati High Court, Section 126 of the Electricity Act, 2003, Assessing Officer
ITAT, Delhi: Registration of Trust is Deemed in Absence of Refusal of Registration(31.03.2022)
Income Tax Appellate Tribunal, Delhi has held that trust is deemed to be registered under section 12AA of the Income Tax Act, 1961 in the absence of r.....
Tags : Income Tax Appellate Tribunal, section 12AA, 6 months
Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)
Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....
Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights
Delhi HC: Husband Having Sufficient Means Obligated to Maintain Wife & Children(27.04.2022)
Delhi High Court has observed that under section 125 of Code of Criminal Procedure, 1973 entails that if the husband has adequate means, he is duty-bo.....
Tags : Delhi High Court, section 125, Code of Criminal Procedure, 1973
Rajasthan HC: Criminal Revision Petition Maintainable Against Order of Interim Maintenance(28.04.2022)
Rajasthan High Court has ruled that an order of interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 by any Family Court or M.....
Tags : Rajasthan High Court, interim maintenance, Section 125, Code of Criminal Procedure, 1973
SC: No Deemed Registration in Case of Non-deciding of S. 12AA Application(28.04.2022)
Supreme Court has observed that there cannot be a deemed registration in case of non-deciding of an application filed under section 12AA (2) of the In.....
Tags : Supreme Court, section 12AA (2), Income Tax Act, 1961, deemed registration
Telangana HC: Railway Not Liable to Compensate if Passenger Dies Due to Own Negligence(28.04.2022)
Telangana High Court has ruled that Railway is not liable to compensate under Section 124A of the Railways Act, 1989 if the passenger died due to own .....
Tags : Telangana High Court, Railways Act, 1989, railway tracks, Section 124A
Cal HC: Section 12(5) of A&C Act Not Applicable to Arbitration Commenced Before 2015 Amendment(17.04.2023)
Calcutta High Court has held that Section 12(5) of the Arbitration & Conciliation Act, 1996 would not apply to arbitrations that commenced before the .....
Tags : Calcutta High Court, Arbitration, Amendment, Section 12(5), Retrospectively
Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)
Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....
Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125
Delhi HC: Collection of Service Charges from Donors Cannot Be Ground to Deny Tax Exemption(07.04.2022)
Delhi High Court has observed that the collection of service charges by India HIV AIDS Alliance from the donors cannot be treated as a reason to deny .....
Tags : Delhi High Court, service charges, India HIV AIDS Alliance, section 11, Income Tax Act, 1961, section 12
Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)
Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....
Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996
279th Law Commission Report: Law Commission Suggests Retention of Sedition Law with Some Amendments(02.06.2023)
The Law Commission of India, in a significant development, has recommended that Section 124A of the Indian Penal Code (sedition law) has to be retaine.....
Tags : Law Commission of India, Section 124A of the Indian Penal Code, sedition law