Hindu Marriage Act, 1955: The father being the natural guardian cannot be denied of the care and custody of the child and his agony of missing his child’s childhood cannot be prolonged. However, the same cannot override the interest of the child. The interest of the minor child is paramount.
Courts should not take a hyper technical view that there was violation of mandatory provision of law. Endorsing such a view would effectively mean ignoring the purpose of judicial procedure. The procedure cannot stand in the way of achieving just and fair outcome. Courts should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits. The party cannot be made to suffer due to negligent or fault committed by their counsel.
Even the change in law or subsequent decision/judgment of coordinate Bench or larger Bench by itself cannot be regard as a ground for review or rectification. There is no mistake apparent from the record. The Tribunal has no power to condone delay if the Miscellaneous Application was to be filed beyond a period of six months.
Code of Civil Procedure: Can a litigant be penalised for fault of his advocate or counsel? Every lawyer is expected to keep in mind that he is also an officer of the Court and judicial system is based upon co-operation of the lawyers. It is also expected from the concerned lawyers of parties to positively remain present before Court on the date given by the trail court. However , if the lawyer is not in a position to remain present , he shall make alternative arrangement for proceedings of the case in order to avoid inordinate delay.
Section 138 of the Negotiable Instruments Act, 1881: A company’s authorized signatory cannot be held responsible for a bounced cheque unless the company itself is named as the main accused
Hindu Succession Act, 1956: Law on property rights of Hindu women as per sections 14(1) and 14(2) of the Hindu Succession Act, 1956, referred to Full Bench by Supreme Court
Section 13(1)(ia) of the Hindu Marriage Act: Forcing a couple to remain in a marriage that brings them unhappiness and conflict goes against what marriage is meant to be. Irretrievable breakdown of marriage can be legal basis for divorce: Supreme Court
Insolvency and Bankruptcy Code of 2016: A debt doesn’t have to be in default for it to be considered a financial debt under the Insolvency and Bankruptcy Code of 2016: Supreme Court