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  • Hon'ble Judge(s) Hon'ble Judge(s): Bharat P. Deshpande , J

    Sameer Manikrao Fal Dessai v. Director, Directorate of Mines and Geology, Institute Menezes Braganza, Panaji - Goa

    D.O.D : 09/05/2024

    Order Accordingly

    Limitation Act (36 of 1963) , S.5— Condonation of delay - Application for - Application was filed for condonation of delay of 172 days which was rejected - Said order no where demonstrates that opportunity of hearing was given to petitioner to submit his arguments in support of contentions raised - On said ground alone, order rejecting application was set aside and matter was remanded to revisional authority for deciding application afresh.

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  • Uttarakhand High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Alok Kumar Verma , J

    Anil Bhasin v. Ashok Kumar Agarwal

    D.O.D : 09/05/2024

    Order Accordingly

    Civil P.C. (5 of 1908) , S.115— Eviction of tenant - Revision petition - Compromise between parties - Parties had amicably settled their disputes - With consent of both parties, present civil revision was disposed of in terms of said compromise.

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  • Karnataka High Court

    Hon'ble Judge(s) Hon'ble Judge(s): S. Sunil Dutt Yadav, Venkatesh Naik T , JJ

    Mahadevi T v. State of Karnataka

    D.O.D : 09/05/2024

    Order Accordingly

    Constitution of India , Art.226— Writ of Habeas Corpus - Petition filed by mother seeking production of detenue from custody of detenue's husband - Detenue produced before Court but she declined to go with her mother - Detenue stated that she voluntarily left her parental house, was independent, and not facing any coercion - Court held that detenue was a major and was studying in II Year B.Com and that her marriage was performed with respondent-husband so no further adjudication was called for in the matter - Proceedings were closed.

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  • Supreme Court Of India
    (From : AIROnline 2019 Mad 2518)

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

    Selvamani v. State Rep. By The Inspector Of Police

    D.O.D : 08/05/2024

    Appeal Dismissed

    Penal Code (45 of 1860) , S.376D, S.376(2)(g), S.506— Tamil Nadu Prohibition of Harassment of Woman Act (44 of 1998) , S.4— Evidence Act (1 of 1872) , S.3— Gang rape and criminal intimidation - Evidence and proof - Accused persons allegedly committed gang rape on prosecutrix and assaulted her - Prosecutrix, her mother and aunt had turned hostile in their cross-examination and did not support the prosecution case - Evidence of doctor established that there was forcible sexual intercourse several times by several persons and there were also abrasions on the private parts of the victim - Due to long gap between examination-in-chief and cross examination, witnesses were won over by accused and they resiled from their version in examination-in-chief which clearly incriminated the accused - When evidence of prosecutrix , her mother and aunt was tested with FIR, statement recorded under S.164 CrPC and evidence of Medical Expert, there was sufficient corroboration to the version of prosecutrix in her examination-in-chief - Conviction was proper.

    AIROnline 2019 Mad 2518-AffirmedAIR 2012 SC 3157-Distinguished(Paras1315)

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  • Supreme Court Of India
    (From : AIROnline 2023 DEL 1524)

    Hon'ble Judge(s) Hon'ble Judge(s): Vikram Nath, Satish Chandra Sharma , JJ

    Col. Ramneesh Pal Singh v. Sugandhi Aggarwal

    D.O.D : 08/05/2024

    Appeal Allowed

    Guardians and Wards Act (8 of 1890) , S.17, S.7, S.9, S.25— Shared custody of minor children - Correctness of order for - Parental alienation syndrome - Courts must endeavour to identify individual instances of 'alienating behaviour' in order to invoke the principle of parental alienation - High Court proceeded on an unsubstantiated assumption that allegations of parental alienation could not be ruled out, despite absence of any instances of 'alienating behaviour' identified by any Court - Plea that nature of employment of father posed a challenge in upbringing and welfare of minor children was rejected since Indian Armed Forces, provide a support system to kin of officers, which aids in mental stimulation, growth and overall development of personality of a child - Order passed by High Court granting shared custody of minor children was set aside and custody was directed to be retained by father, subject to visitation rights of mother ,as granted by Family Court

    AIROnline 2023 DEL 1524-ReversedAIR 2017 SC 929-Distinguished(2023) EWHC 345 (Fam)-Relied onAIR 2009 SC 557-FollowedAIR 2019 SC 2318-Followed2008 AIR SCW 5769-Followed(Paras12131416192022232425262728)

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