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Dear Readers, Today I would like to remind you once again of some of the things that happened in the Judiciary/Law field...
(1)
2024 (3) СТС 399 - IN THE HIGH COURT OF MADRAS - Nachimuthu Vs. Ramanan @ Ramasamy (Died) :
Registration Act, 1908 (16 of 1908), Sections 70 & 49 -Effect of Non- Registration - Panchayat Muchalika- Unregistered Family Arrangement - Admissibility in evidence - Suit for Title and Injunction -Plaintiff asserted Title based upon Family Arrangement - Property had been divided under Family Arrangement - Where Document divides in percentage, requires Stamp Duty and Registration - Non-registration of Document required to be compulsorily registered cannot be cured - Document, which is an indivisible transaction, if it affects right in any immovable property, cannot be received in evidence - Family Arrangement marked by Plaintiff requires compulsory registration.
(2)
Police Can Act Against Lawyers Misusing Advocate Stickers To Seek Immunity From Traffic Offences:
Madras Highcourt Tells State https://www.livelaw.in/high-court/madras-high-court/madras-high-court-police-action-against-sticker-sun-control-film-262064.
(3)
Judges And Lawyers Are Co-Equal Partners In Administration Of Justice, None Superior None Inferior:
Justice BR Gavai Says Lawyers Are Often Not Treated With Dignity By Judges https://www.verdictum.in/news/justice-br-gavai-judges-lawyers-co-equal-partners-none-superior-none-inferior-national-judicial-academy-conference-kolkata-1542494.
(4)
The Bar Council of India is directed to initiate all appropriate actions to remove the advertisements published by lawyers through online service providers/intermediaries
and to issue advises to the intermediaries not to publish such advertisements barred under Rule 36 of Bar Council of India Rules. The Bar Council of India is directed to secure the assistance of Government of India to prevent such unlawful acts by online service providers.
https://drive.google.com/file/d/14sYJstJ4F9RHcIM6GvIRC4ypRhCMC9Ft/view?usp=drivesdk.
(5)
2024 (3) СТС 436 - IN THE SUPREME COURT OF INDIA
Ex parte Injunction - Tests:
(i) prima facie case (ii) balance of convenience (iii) irreparable loss - Court must tread cautiously while granting pre-trial Interim Injunctions.
Court must provide detailed reason and analyse that full test are satisfied.
(6)
Passport Can Be Refused Only If Court Has Taken Cognizance Of Pending Criminal Case:
Bombay HC Directs Passport Authorities To Process Application Ignoring Adverse Police Report.
(7)
2024 (2) MWN (Cr.) 316 - IN THE HIGH COURT OF MADRAS - Balaji @ Panai Balaji Vs. State, rep. by Inspector of Police:
Victim girl, aged 16 years and Accused, aged 21 years in love with each other - Both Victim/PW2 and her mother/PW1 turned hostile -Victim, on her own wish, married Accused and given birth to a female child -A case of Romeo & Juliet which ended successfully in marriage and enlargement of family - To be dealt with humanitarian reasons, though POCSO Act is silent in this regard - Inherent power under Section 482 meant for cases of this nature - Prosecution against Accused/Husband quashed to meet ends of justice.
(8)
The Hindu Adoptions And Maintenance Act, 1956:
👉 In a recent case the Hon'ble Madras High Court has held that minor daughter becomes major during the pendency of proceedings under Section 125, the court may invoke Section 20. But if the application is filed after attaining majority, as in the present case, the claim cannot be decided in a summary proceeding, and the application has to be converted into a suit.
👉20(3)The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
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Disclaimer: This is for informational purposes only. Not legal advice.
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Thanks for read the post.