frequently asked questions

Q

Bank Loan - Right to privacy ?

A

Even if a defaulter, right to privacy cannot be violated by bank officials. People takes loan to undertake their urgent needs and sometimes for attending luxurious needs also; it depends on the attitude of the party. Obviously, banks have to take recourse to legal remedies for recovery of loans. But they cannot carry out " halla bol" or similar demonstrations in front of the house of defaulter; says High Court of Kerala.  In a Judgment rendered by Js Dama Sheshadri during the recovery process in a Mudra Loan said bank officials cannot conduct any sort of halla bol demonstration infront of the petitioner's house.  This issue has been discussed earlier also, by Kerala High Court, pointing out in a reported judgment that, bank cannot publish the photographs of the defaulter. 

Q

Claiming Maintenance under section 125 of CRPC, Strict proof of Marriage necessary ?

A

The Supreme Court set aside an order of Karnataka High Court order which set dismissed a maintenance plea for want of proof of marriage. The supreme court bench comprising of Justice Banumathi and Justice Indira Banerjee pointed out that the evidence in the case raise a strong presumption of a valid marriage. Taking account of evidence, it is proved that parties cohabitated as husband and wife and people around them treated them as husband and wife. The bench also quoted the decision of apex court in Chanmuniya V.  Virendra Kumar Singh and held a broad and expansive interpretation should be given to the term "wife". Crl Appeal Nos 2368-2369 OF 2009 Judgment dated 24.10.2018

Q

If one of the spouse Remarried, the application for setting aside exparte decree will become infructuous ?

A

A division bench comprising of Justice CK Abdul Rehim and Justice R Narayana Pisharadi was considering an appeal filed by a women against the order of the family court setting aside the ex parte decree. The family court had earlier granted an ex parte decree and thereafter the man remarried. Later the wife filed and application to set aside the exparte decree. The Family Court dismissed it as infructuous on the ground that the other spouse is remarried.  The question arose is whether remarriage of one of the spouse is a reason to dismiss the petition to set aside the exparte order stating it as infructuous ?  Whether remarried or not, the application has to be considered on merit and it cannot be dismissed as infructuous. However, the court also answered the question of bigamy in such an event. It was held that there cannot be an offence of bigamy since the second marriage was after the date of legal divorce.  Mat Appeal 923/2018

Q

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Q

Whether CZMP implemented for CRZ

A

Not yet

Q

Whether CZMP implemented for CRZ

A

Not yet

Q

present status of crz notification

A

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