Domestic relationship is defined under the Act in Section 2(f) as under:  ‘Domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a […]

Whether a writ proceeding is civil or criminal, depends on the nature of relief claimed and grounds for such relief. “Civil Proceedings” or “Criminal Proceedings” are not defined anywhere. The Constitution of India does not define the expression, “Civil Proceeding” nor does the General Clauses Act. The two proceedings are entirely different and distinct, though at times it may overlap […]

Hon’ble Supreme Court in S.R.Batra and Another V. Smt.Taruna Batra (AIR 2007 Supreme Court 1118 and 1119), wherein, it is held that the Mother-in-Law’s house does not become ‘shared household’ only because the applicant- wife had shared that house with her Husband earlier. Moreover, it is also observed in the said decision that “for that it has to be a […]

RAJASTHAN HIGH COURT (JAIPUR BENCH) SINGLE BENCH ( Before : Bapna, J. ) GIRWARLAL — Appellant Vs. JAGROOP — Respondent Civil Second Appeal No. 263 of 1955 Decided on : 20-03-1958 Cases Referred Shangara Singh Vs. Imam Din, AIR 1940 Lahore, 314 Counsel for Appearing Parties R. P. Goyal, Advocate, for the Appellant; Umrao Lal, Advocate, for the Respondent Nos. […]

There is a proviso added to this section by amendment of 1982 and it says that where such application makes a claim for compensation u/s 92A in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement […]

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