Legal Update as on 31.01.2023

legal-updates
  1. KERALA HC – MAJOR UNMARRIED DAUGHTER CAN’T ASSERT MAINTENANCE JUST BECAUSE SHE CAN’T MAINTAIN HERSELF – According to the Kerala High Court, an unmarried daughter who is a major is not eligible to request maintenance from her father under Section 125(1) CrPC on the basis that she lacks the means to provide for herself.
    Gireesh Kumar N v. Rajani K V and Anr.

 

  1. MADRAS HC: IT IS IMPOSSIBLE TO OUTRIGHT PROHIBIT THE CONDUCT OF RELIGIOUS MEETINGS – While permitting the Indu Makkal Katchi-Tamizhagam to have its State conference on January 29, 2023, the Madras High Court ruled that there could not be a complete ban on the holding of religious gatherings.
    RS Deva alias Kamadevan v. The Home Secretary and others

 

  1. BOMBAY HC: COURT IS ABLE TO SELECT APPROPRIATE ARBITRATION TRIBUNAL – According to a decision by the Bombay High Court, even if a party’s right to name a nominee for an arbitral tribunal is forfeited because that party did not exercise that right within the required time frame, such decision does not prevent the court from appointing an adequate arbitral tribunal.
    PSP Projects Limited versus Bhiwandi Nizampur City Municipal Corp.

 

  1. BOMBAY HC: LONG-TERM LIQUOR BAN VIOLATES MERCHANTS’ RIGHT TO LIFE – The Bombay High Court ruled that a longer prohibition would violate the merchants’ right to livelihood under Article 21 of the Constitution, even though it reduced a four-day ban on liquor sales in some areas of Maharashtra because of MLC graduate constituency elections to just the day of voting.
    All India Wine Producers Association v. Deputy Secretary and Assistant Chief Election Officer, Maharashtra State & Ors. with one connected matter

 

  1. SC: A simple appeal filing does not function as a stay of a decision under the CPC. – According to the Supreme Court, the mere filing of an appeal would not serve as a stay until it is listed and there is an interim order, taking in mind the terms of Order 41 Rule 5 of the CPC.
    Sanjiv Kumar Singh vs State Of Bihar

 

  1. SC: ESTOPPED FROM CLAIMING SHARE, SONS OF PERSON WHO RELINQUISHES RIGHTS IN FATHER’S PROPERTY – The Supreme Court has ruled that the principle of estoppel will apply qua the son and his successors where a son waives their claim to a father’s self-acquired property and the action is accompanied by receipt of a consideration.
    Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc

 

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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