Rajeev k Sangotra Adv

31/12/2023

04/10/2020

LOGINSUBSCRIBE Home/News Updates/What Are The... NEWS UPDATES What Are The Significant Factors To Be Considered While Hearing An Application For

In a significant judgment rendered on September 22, 2020, the Delhi High Court has discussed in detail the legislative intent and applicability of 'reverse burden' under Section 29 of the Protection...

03/10/2020

Father cannot shift the burden of maintain his daughter to his divorced wife even if such wife is earning. JKJ SOFT JKJ/54572.

03/10/2020

Accident claim--Mulitiple injuries--Disability certificate for claim--There is no provision in the Act and the rules framed thereunder that a permanent disablement certificate must always be issued by the Board of Doctors--It would not be possible for the Court to hold that permanent disablement certificate produced by the injured-claimants must be one issued by the competent authority prescribed under the Act of 2016 and the Rules framed thereunder--Uniform guidelines need to be laid down to provide for issuance of permanent disability certificate by a qualified medical practitioner--Permanent disability certificates to be produced by the injured in the motor accident claims must always be issued by the District Board of Doctors headed by the Chief Medical Officer of the District--Disposed of.JKJ Soft JKJ/75210

02/10/2020

*Whether court can grant Injunction to restrain wife from entering matrimonial house?*

*Protection of Women from Domestic Violence Act, 2005 - Section 17 - Shared Household - The right conferred on the wife for residence cannot be defeated by granting an order of injunction restraining her from entering into the shared household. The Civil Court or Family Court could not grant such an injunction, so long as the right of the wife is either admitted or proved or not disputed. Even if a dispute arises as to the right of the wife in the shared household, normally, the Courts would be reluctant to grant an injunction restraining the wife from entering into the house (the shared household) unless it is established that there is no domestic relationship or that the house in question is not a shared household.*