Some of the most interesting legal stories from Week 1 of January, 2022


‘Auspicious Time’ not there, Wife refuses to return to matrimonial home | Chhattisgarh High Court

“… despite efforts taken by the husband to restore the matrimonial home, the wife did not cooperate and under the guise of auspicious time to return, she continued at her maternal home.”

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“Overseas Wife”, Husband visited wife for few days on yearly visits | Delhi High Court

“…every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one.”

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Right to Relax in danger?

Madras High Court expresses that, Suspicion that immoral activities are taking place in massage centres cannot be reason enough to intrude into an individual’s right to relax for it intrinsically is part and parcel of his fundamental right to privacy.

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Does Workmen’s Compensation Act, 1923 prohibits payment of compensation to a minor?

Bombay High Court decides whether the Insurance Company can be absolved of its liability to pay compensation under the Employees Compensation Act, 1923, if the employee who has succumbed to an accident which took place during the course of employment, is a minor?

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Future Retail seeking to terminate arbitration proceedings with Amazon: Read what Del HC decided

An adjournment at the last minute cannot be sought in respect of international commercial arbitration of this magnitude, involving arbitrators, counsels and experts from different jurisdictions.

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Foetus with severe cardiac anomaly, but pregnancy beyond 24 weeks: Can termination of pregnancy be permitted?

While explaining whether a pregnant woman can seek termination of pregnancy beyond 24 weeks, Delhi high Court found the mental health of the petitioner to be an essential factor for allowing termination of pregnancy.

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Dr Subramanian Swamy’s plea that Air India’s Disinvestment is arbitrary, illegal, corrupt: 5-pointer report of Delhi HC decision

Delhi High Court dismissed Dr Subramanian Swamy’s plea stating that any delay in the process of disinvestment of Air India would cause loss to public exchequer, besides creating uncertainty amongst the existing employees.

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Can a wife be forced to cohabit and establish conjugal rights? Gujarat High Court

A marriage between Mohammedans is a civil contract and a suit for restitution of conjugal rights is nothing more than an enforcement of the right to consortium under this contract.

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Apple charging a commission of up to 30% on all payments made through its in-app purchase system, is a violation of its dominant position? Read what the Competition Commission of India states

Some consumers may have a preference for a closed ecosystem like Apple and others may have a preference for open ecosystems like that of Google.

Read full report here…

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