All people facing prosecution and then facing problems in getting private jobs due to some overzealous (read stupid) HR departments can use this Mumbai HC judgment in their favour. Sue the particular company for Rs 1 Crore at least for denying the job opportunity not based on merit, but on frivolous reasons. http://economictimes.indiatimes.com/news/politics/nation/Candidate-facing-prosecution-cant-be-denied-post-of-Judge-HC/articleshow/6019675.cms MUMBAI: In an important order, the Bombay High Court has held that a candidate who has been selected for the post of a Magistrate or a Judge cannot be denied the appointment merely because he is facing prosecution. "It cannot be laid down as a rule that merely because he is facing prosecution he must be denied an appointment because indeed … [Read more...] about Being prosecuted is no bar for getting job as judge
HC Judgment
Newspaper report is not evidence unless corroborated
R.S.A. No. 1947 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1947 of 2006 (O&M) Date of Decision : 30.5.2009 Niranjan Singh .......... Appellant Versus Smt. Kulwant Kaur & others. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. D.S. Pheruman, Advocate for the appellant. Mr. Arun Abrol, Advocate for respondents No. 1 to 3. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 16.11.2004, passed by the learned lower appellate Court vide which suit filed by the plaintiff / appellant seeking damages on the ground of defamation stands dismissed. The plaintiff / appellant brought a suit for recovery of a sum of Rs. 50,000/- as damages on the plea that a news item … [Read more...] about Newspaper report is not evidence unless corroborated
Attraction to brother-in-law is cruelty and ground for divorce
http://www.dnaindia.com/mumbai/report_attraction-to-brother-in-law-is-cruelty-bombay-high-court_1380780 Mumbai: Not allowing the husband to consummate the marriage and showing “improper interest” towards the brother-in-law amounts to cruelty and is a legitimate ground for divorce, stated a ruling passed by the Bombay high court this week The high court dissolved the seven-year-old marriage of a Pune-based businessman by granting him a decree of divorce. The couple, who had tied the knot in November, 2002, had stayed together for only six months. The husband, in his appeal, had stated that during their honeymoon in Goa, his wife had revealed to him that she was in love with someone else and had been forced to marry. The husband also alleged that the wife did not allow him to … [Read more...] about Attraction to brother-in-law is cruelty and ground for divorce
Custody of child: Mumbai HC judgment
The decision in this child custody case seems to follow the precedent that one parent cannot neglect the child for a long time, and then one day demand custody of child based on a single event. The preference of child is the other important criterion. http://www.hindustantimes.com/rssfeed/mumbai/Court-gives-custody-of-child-to-father/Article1-540841.aspx HT Correspondent, May 08, 2010 A man spending a few days in jail cannot be the reason to deny him of his child’s custody, said the Bombay High Court. In a reprieve to a leading city builder, the Bombay High Court granted custody of his 11-year-old son while rejecting his wife’s appeal. The mother can meet the son every weekend. A division bench of Justice A.P. Deshpande and Justice R.P. Sondurbaldota said: “In our view, the arrest of … [Read more...] about Custody of child: Mumbai HC judgment
Only legally wedded wife can get maintenance under Hindu laws
http://timesofindia.indiatimes.com/City/Mumbai/2nd-wife-has-no-legal-claim-/articleshow/5891496.cms MUMBAI: A 64-year-old television actor, who is the second wife of an Andheri resident, recently moved the Bombay high court, seeking maintenance from her former husband, after their 17-year relationship ended. However, a division bench of Justice A P Deshpande and Justice R P Sondurbaldota rejected her maintenance plea, saying she was not the "legally wedded wife''. "As far as Hindus are concerned, marriage laws fall under the Hindu Marriage Act. So, unless the marriage is valid under the provisions of the HMA, those entering into such a marriage cannot describe themselves as a man and wife,'' said the bench. Under the HMA, a second marriage between two Hindus is valid only if neither of … [Read more...] about Only legally wedded wife can get maintenance under Hindu laws
Husband gets divorce due to cruelty due to false allegations by wife
The relevant portions are made bold in Mumbai High court judgment below: http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1278205.pdf //// 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.68 OF 2005 Smt Nita alias Nathi Hitendrakumar Sakariya, aged 24 years, Occ: Household, Hindu Indian Inhabitant of Rajasthan, residing at C/o Kantilal Dhar-Parmar Sumerpur Main Bazar, Near M.P.Traders, Dist.Pali, Rajasthan-306902. .. Appellant Vs Shri Hitendrakumar Kaluram Sakariya, aged about 26 years, Occupation Business, Hindu, Indian Inhabitant of Mumbai, residing at 84, Militia Apartment, Block No.4, 1st floor, Mhatar-Pakhadi Road,Mazgaon, … [Read more...] about Husband gets divorce due to cruelty due to false allegations by wife