Month: May 2023
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Nurturing Minds and Inspiring Growth: A Professor’s Journey at Brainware University’s Department of Law
As a professor in the esteemed Department of Law at Brainware University, I am fortunate to have found a profession that brings me immense joy and fulfillment. Every day, I eagerly step into the university campus, eager to engage with my students and immerse myself in the world of legal education. The vibrant atmosphere, the…
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Navigating the Legality of DNA Testing: Parameters and Court Decisions
Introduction DNA testing has become a valuable tool in resolving legal disputes, particularly in cases involving issues of paternity, adoption, inheritance, and criminal investigations. Courts play a crucial role in determining when DNA testing can be permitted and under what parameters. This article explores the factors considered by courts and the significant decisions that have…
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Challenging Interim Maintenance to Wife: Grounds for Contesting and Defending Claims
In matrimonial disputes, the issue of interim maintenance often arises, where one party seeks financial support from the other during the pendency of the case. While it is important to note that each case is unique and should be evaluated based on its specific facts and circumstances, there are some common grounds on which a…
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Exploring Landmark Cases on Maintenance: A Discussion
Maintenance laws play a vital role in ensuring financial support and stability for individuals in need, particularly in the context of family and matrimonial disputes. Over the years, several landmark cases have shaped and influenced the legal framework surrounding maintenance. Let us delve into a few of these significant cases that have had a lasting…
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Matrimonial Disputes: 10 Landmark Case Laws Favoring Husbands and Their Legal Implications
Introduction: Matrimonial disputes can be complex and emotionally challenging, often involving various legal aspects. In certain cases, courts have ruled in favor of husbands based on compelling evidence, legal arguments, and precedents established by landmark judgments. In this article, we explore ten notable case laws that have favored husbands in matrimonial suits, highlighting their significance…
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Landmark Case Laws Shaping Maintenance Rights: A Comprehensive Overview
Introduction: The law of maintenance in India has undergone significant transformations through landmark judgments delivered by the Supreme Court. These pivotal cases have been instrumental in recognizing the rights of wives, children, and dependents to claim financial support, ensuring their well-being and protection. In this article, we delve into ten notable Supreme Court judgments that…
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Badshah v. Urmila Badshah Godse and Anr: A Synopsis of the Landmark Case
Introduction: Badshah v. Urmila Badshah Godse and Anr is a momentous legal case that reverberated through the corridors of justice, leaving an indelible mark on the legal landscape. With its far-reaching implications and profound legal principles, this landmark case has captured the attention of legal scholars and practitioners alike. In this article, we delve into…
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Unraveling the Realm of Quasi-Judicial Bodies: Balancing Power and Fairness
Introduction: In the legal landscape, certain administrative bodies possess powers and functions that resemble those of traditional judicial institutions. These entities, known as quasi-judicial bodies, play a significant role in resolving disputes, interpreting laws, and making decisions that affect the rights and interests of individuals. In this article, we will delve into the concept of…
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Validity Of Foreign Divorce Judgment In India
In my practice life, I frequently face clients who married in India as per the provisions of either Hindu Marriage Act or Special Marriage Act and went to foreign country and stayed some time as husband and wife there. Thereafter disputes arose between them and one of them filed divorce petition in Foreign Court and…
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Whether the Husband is liable for TDS while making payment of maintenance to Wife under order of Court?
It is said that Marriages are made in Heaven but separation happens much closer to tax authorities! The crux of the matter is, whether the alimony and maintenance payments made to a spouse are taxable in that spouse’s (recipient’s) hands? To answer this question, I analyze some of the income tax ramifications involved in receiving…