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Judgement

Defective Investigation does not affect procedure relating to taking cognizance

Defective Investigation does not affect procedure relating to taking cognizance

Cognizance taken on police report, vitiated by breach of mandatory provisions relating to investigation, cannot be set aside as defect or illegality in investigation, however serious, has no direct bearing on competence or procedure relating to cognizance. An illegality committed in the course of investigation does not affect the competence

State has power to fix fees for Chit-fund related dispute resolution

State has power to fix fees for Chit-fund related dispute resolution

State has ample power to determine and fix fees for dispute resolution of matters involving chit business under Chit Funds Act, 1982, which provides speedy remedy when compared to Civil Courts. Appendix II, Cl 12 of Tamil Nadu Chit Fund Rules, 1984 was amended by G.O.Ms.No.176,

Non-payment of debt money by wife to creditors despite clear instructions of husband does not constitute â€˜crueltyâ€™ to seek divorce

Non-payment of debt money by wife to creditors despite clear instructions of husband does not constitute â€˜crueltyâ€™ to seek divorce

Failure of wife to pay amount to third party creditors, despite clear instructions of husband, does not constitute matrimonial cruelty and cannot be ground of divorce. In divorce cases, instances of cruelty cannot be taken into consideration on the basis of an isolated incident. The cumulative facts and circumstances have

Custody of child to lie with the mother on his express desire during pendency of divorce proceedings

Custody of child to lie with the mother on his express desire during pendency of divorce proceedings

During pendency of divorce proceedings, if child expresses desire to reside with his mother, then his mother is permitted to take child with her, where she is employed and resides. Mother of child was compelled to leave the matrimonial home due to domestic violence and abuse. She instituted a petition,

Service benefits accrued to employee during his lifetime â€“ Not available to his legal heirs after death of such employee

Service benefits accrued to employee during his lifetime â€“ Not available to his legal heirs after death of such employee

Employee alone is a person who can speak about his service for seeking service benefits and not his legal heirs. In such situation Service benefits accrued to employee during his lifetime cannot be availed by his legal heirs after death of such employee. Representation was submitted by employee for grant

Involvement of a father in death of mother is major factor to determine grant of custody

Involvement of a father in death of mother is major factor to determine grant of custody

Fact about involvement of a natural guardian, in criminal case related to death of spouse, shall be an important consideration while determining question of welfare of minor for grant of custody. Father of minor children sough for their custody, being natural guardian Grandmother of children was having their custody, after

Covid-19 lock-down directives by Government cannot take away right to personal liberty

Covid-19 lock-down directives by Government cannot take away right to personal liberty

Right of accused to personal liberty by means of default bail does not stand eclipsed under lock-down directives issued by Government or any directives issued by High Court. Right of personal liberty is an indefeasible right which for purposes of its enforcement remained unaffected during lock-down period and the courts