A petition for divorce under Section 27 of the Special Marriage Act, 1954 is maintainable even if the marriage is not registered under the Act. Section 15 of the Act only prescribes conditio..

A written power of attorney cannot be modified, altered, or revoked by oral statements. Where a right is transferred through a written document, revocation of that document must also be in w..

Service of a copy of the complaint and relevant documents on the accused is mandatory under Rule 7(2) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) R..

Deletion of a defendant under Order 1 Rule 10 of the Code of Civil Procedure is not equivalent to withdrawal of a suit under Order 23 Rule 1 and does not amount to abandonment of the claim a..

An able-bodied and well-qualified husband is presumed capable of earning and cannot evade his legal obligation to pay maintenance by merely citing unemployment. The wife's independent income..

Section 19(5) of the Legal Services Authorities Act, 1987, prescribes only territorial jurisdiction for Lok Adalats and not pecuniary jurisdiction. A Lok Adalat organised by a Taluk Legal Se..

Remarriage of a widow during the pendency of a motor accident claim does not extinguish her right to compensation under Section 166 of the Motor Vehicles Act. The statute permits all legal r..

Under Section 24 of the Hindu Marriage Act, 1955, interim maintenance pendente lite must be determined solely on the basis of "income" of the parties and not on the basis of property or capi..

An arbitration clause using the word 'can' does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The word 'can' denotes capacity ..

Observations made by a High Court in a civil revision petition that mischaracterise the pleaded positions of parties or the effect of prior judicial directions are prima facie erroneous and ..

A plaint cannot be rejected under Order VII Rule 11(d) of the CPC on the ground that the suit is barred by Order II Rule 2. Order VII Rule 11(d) applies only where the suit is barred by any ..

While formal framing of issues may not be mandatory in ex parte suits under Order 14 Rule 6 of the CPC, a court is legally obligated to identify "points for determination" before rendering j..