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May 2018 Important Decisions High Court & SC

01 :- Section 125-CRPC Maintenance of minor child-Granting of-Held-It is the bounded duty of father to maintain his minor child-Found nothing illegal or impropriety in granting maintenance-Petition is dismissed as meritless , CRL Revision 4296/2010 (ALLAHABAD HIGH COURT).

02 :- Claim Application-Legal Representative- Legal heirs can sue the matter and they are entitled to get compensation awarded by Court concerned-Claimants are entitled to withdraw their share as apportioned by Tribunal without filing any formal application in Tribunal. C.M.A 1126/2011 (MADRAS HIGH COURT).

03 :- NDPS Act, Section 20 Suspension of sentence - Petitioner already put in nearly two months in custody and it will take some time for his appeal to be heard and decided -Sentence suspend. CRM 26314/2017 (PUNJAB & HARYANA HIGH COURT).

04 :- Family Courts Act Section 7, 8 Section 151-CPC Pamily matter- Maintenance Transfer of suit-Power of High Court, denied-Petition is for maintenance under the Hindu Adoption and Maintenance Act-Transferred to the Family Court-Section 7 and Section 8 of the Family Courts Act, 1984 shall be exclusively triable by the Family Courts. I.P.A 28/2015 (DELHI HIGH COURT).

05 :- NI ACT Section 138 Cheque Dishonour There required to be money transaction between com plainant and accused - Alleged cheque to be concerned to discharge debt or other liability Mere issuance of cheque not offence CRL A 1243/2016 ( TELANGANA AND ANDHRA PRADESH HIGH COURT).

06 :- Hindu Marriage Act Sections 5(iii) and 12(1)©-Void marriage-Minor wife-Husband was major at the time of marriage and he only sought annulment of marriage-Child marriages are voidable at option of minor spouse at the time of marriage-Only minor spouse has right to seek annulment of marriage-Matter remanded to High Court for fresh consideration in proper perception of law, CA 4890/2017 ( SUPREME COURT).

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