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Home - News - Page 318

Tripura High Court Upholds Divorce Decree: Appellant-Wife Failed to Comply with Restitution Order and Deserted Husband, Respondent-Husband Directed to Pay ₹7.5 Lakh One-Time Settlement for Minor Daughter's Maintenance
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Tripura High Court Upholds Divorce Decree: Appellant-Wife Failed to Comply with Restitution Order and Deserted Husband, Respondent-Husband Directed to Pay ₹7.5 Lakh One-Time Settlement for Minor Daughter’s Maintenance

Court’s Decision The High Court of Tripura dismissed the appellant-wife’s appeal, confirming the Family Court’s decree of divorce granted under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955,…
Posted by Rawlaw November 25, 2024
Tripura High Court: "Statutory Mandates, Such as the Family Courts Act, Override Personal Laws Unless Explicitly Excluded by Legislation" – Affirms Family Court Jurisdiction Over Restitution of Conjugal Rights
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Tripura High Court: “Statutory Mandates, Such as the Family Courts Act, Override Personal Laws Unless Explicitly Excluded by Legislation” – Affirms Family Court Jurisdiction Over Restitution of Conjugal Rights

Court's Decision: The Tripura High Court ruled that the Family Court has exclusive jurisdiction to entertain suits related to restitution of conjugal rights, even when governed by personal laws such…
Posted by Rawlaw November 25, 2024
Tripura High Court Upholds Selection of Assistant Director by Tripura Public Service Commission: Judicial Review Under Article 226 Cannot Overrule Expert Assessments Without Proven Malafides or Violations
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Tripura High Court Upholds Selection of Assistant Director by Tripura Public Service Commission: Judicial Review Under Article 226 Cannot Overrule Expert Assessments Without Proven Malafides or Violations

Court's Decision: The High Court of Tripura dismissed the writ petition challenging the selection process for the post of Assistant Director in the Directorate of Sainik Welfare. The court held…
Posted by Rawlaw November 25, 2024
Tripura High Court Acquits in Attempted Murder Case: Contradictions in Testimonies, Lack of Evidence, and Investigation Lapses Lead to Overturning of Section 323 IPC Conviction
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Tripura High Court Acquits in Attempted Murder Case: Contradictions in Testimonies, Lack of Evidence, and Investigation Lapses Lead to Overturning of Section 323 IPC Conviction

Court’s Decision: The High Court of Tripura overturned the conviction of the appellant under Section 323 of the Indian Penal Code (IPC), citing inconsistencies in witness testimonies, lack of critical…
Posted by Rawlaw November 25, 2024
Tripura High Court Upholds Decree of ₹41.15 Lakhs for Earnest Money in Land Sale Agreement: Procedural Errors Do Not Invalidate Substantive Justice, Criticizes Seller for Suppressing Mortgage Facts
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Tripura High Court Upholds Decree of ₹41.15 Lakhs for Earnest Money in Land Sale Agreement: Procedural Errors Do Not Invalidate Substantive Justice, Criticizes Seller for Suppressing Mortgage Facts

Court’s Decision: The Tripura High Court dismissed the appeal filed by the appellant, affirming the judgment of the trial court. The court upheld the decree that directed the appellant to…
Posted by Rawlaw November 25, 2024
Sikkim High Court Reinstates Arbitral Award, Emphasizing the Separability Principle: Holds That an Arbitration Agreement Remains Valid and Enforceable Regardless of the Termination or Invalidity of the Underlying Contract
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Sikkim High Court Reinstates Arbitral Award, Emphasizing the Separability Principle: Holds That an Arbitration Agreement Remains Valid and Enforceable Regardless of the Termination or Invalidity of the Underlying Contract

Court's Decision: The Sikkim High Court allowed the appeal, setting aside the District Judge's judgment which had annulled the arbitral award on the grounds that the arbitration clause perished with…
Posted by Rawlaw November 25, 2024
Sikkim High Court Reiterates High Burden on Drawer to Disprove Presumption of Debt Under Section 139: Upholds Conviction for Cheque Dishonor
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Sikkim High Court Reiterates High Burden on Drawer to Disprove Presumption of Debt Under Section 139: Upholds Conviction for Cheque Dishonor

Court’s Decision: The Sikkim High Court dismissed the Revision Petition and upheld the conviction of the Revisionist for dishonoring a cheque of ₹20,00,000 under Section 138 of the Negotiable Instruments…
Posted by Rawlaw November 25, 2024
Sikkim High Court Rules: "Touching a Minor's Left Breast in a Taxi Indicates Sexual Intent; Conviction Under POCSO Act and IPC Upheld"
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Sikkim High Court Rules: “Touching a Minor’s Left Breast in a Taxi Indicates Sexual Intent; Conviction Under POCSO Act and IPC Upheld”

Court’s Decision: The High Court of Sikkim, through Justice Meenakshi Madan Rai, upheld the conviction and sentence imposed on the appellant by the Special Judge (POCSO) under Section 7 of…
Posted by Rawlaw November 25, 2024
Sikkim High Court Upholds Compensation Award: "Insurance Companies Must Adhere to Statutory Defenses; Prohibits Introducing New Arguments at the Appellate Stage;"
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Sikkim High Court Upholds Compensation Award: “Insurance Companies Must Adhere to Statutory Defenses; Prohibits Introducing New Arguments at the Appellate Stage;”

Court’s Decision The Sikkim High Court dismissed the appeal filed by the insurance company challenging the Motor Accidents Claims Tribunal’s (MACT) award of ₹21,56,000 to the claimant. The court emphasized:…
Posted by Rawlaw November 25, 2024
High Court of Sikkim Reaffirms Separability Doctrine: "Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid" Under Arbitration Act, 1996
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High Court of Sikkim Reaffirms Separability Doctrine: “Even if the Primary Agreement is Rendered Void or Terminated, the Arbitration Clause Remains Valid” Under Arbitration Act, 1996

Court’s Decision: The High Court of Sikkim overturned the decision of the District Judge, who had invalidated the arbitral award based on the invalidation of the underlying contract. The court…
Posted by Rawlaw November 25, 2024

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