Indian Judgements

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Maintenance: Stepson Cannot Be Burdened When Real Son is Maintaining Mother

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This criminal revision was filed under Section 125 of the CrPC by the revisionist (Smt. Kusum) to challenge the judgment and order dated May 15, 2025, passed by the Additional Principal Judge, Family Court No. 2, Muzaffarnagar, in a maintenance case. While the Family Court directed opposite party no. 3 (the revisionist’s real son) to pay Rs. 8,000 per month as maintenance, it discharged opposite party no. 2 (her stepson) from any liability. The Allahabad High Court dismissed the criminal revision, holding that once a mother’s maintenance is secured and paid by her real son who has sufficient means, she ceases to be “unable to maintain herself” within the contemplation of Section 125 CrPC, and a stepson cannot be simultaneously burdened with additional maintenance.

  • Factual Background and Family Court Order:
    • The revisionist mother filed an application under Section 125 CrPC seeking maintenance from her children.
    • The Trial Court directed her real son (opposite party no. 3) to pay Rs. 8,000 per month as maintenance while absolving her stepson (opposite party no. 2) from any liability.
  • Arguments of the Parties:
    • The revisionist confined her argument to seeking a modification of the order to fasten identical liability upon her stepson alongside her real son.
    • Conversely, the respondents and learned A.G.A. opposed the revision, asserting that in the presence of a real son having sufficient means to maintain his mother, the stepson cannot be held liable.
  • Statutory Scope of Maintenance to Parents (Section 125 CrPC):
    • The Court noted that under Section 125(1)(d) CrPC, a parent must establish that they are “unable to maintain himself or herself” and that the person from whom maintenance is claimed has sufficient means.
    • Since the real son did not challenge the maintenance order and was regularly paying the Rs. 8,000 monthly allowance, the mother was successfully receiving maintenance, thereby losing her status of being incapable of maintaining herself.
  • Apportionment and Multiplicity of Claims:
    • While multiple persons under an obligation to maintain may have liabilities allocated in specific ratios by a court, a claimant cannot extract duplicate maintenance from multiple individuals once their financial necessity is adequately met by a primary liable relative.
    • The Court observed that the revision was filed without substantive legal basis merely to harass the stepson.
  • Final Conclusion:
    • Finding the revision devoid of merit, the Allahabad High Court dismissed the criminal revision.

J.O. (Web) 2026 ALL 100

Smt. Kusum v. State of U.P. and 2 Others (D.O.J. 14.07.2026)

J.O. (Web) 2026 ALL 100 click here to view full text of judgment

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High Court Appoints New Sole Arbitrator for Fresh Adjudication

August 12, 2026 No Comments

The present petition was filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the re-appointment of a sole arbitrator. Although an earlier arbitral award had granted a principal amount of Rs. 15,12,253 to the Petitioner, the Section 34 court set it aside solely with respect to pre-reference and pendente lite interest, directing that the interest claim be adjudicated afresh. With the Respondent offering no objection to the reference, Justice Om Prakash Shukla allowed the petition and appointed Ms. Abha Malhotra, Advocate, as the sole arbitrator to decide the limited issue of interest and related deductions under the aegis of the Delhi International Arbitration Centre (DIAC).

  • Nature of Petition: The petition was brought under Section 11 of the Act for the appointment of a new arbitrator following a partial setting aside of a previous arbitral award.
  • Scope of Remand: The Section 34 court had upheld the principal amount awarded to the Petitioner but remanded the matter back exclusively for the fresh adjudication of pre-reference and pendente lite interest claims along with related deductions.
  • Existence of Arbitration Agreement: Noting that the scope of enquiry under Section 11 is confined to examining the prima facie existence of an arbitration agreement, the Court observed that a valid arbitration clause between the parties was undisputed.
  • Respondent’s Consent: Counsel for the Respondent raised no objection regarding the reference of the disputes back to arbitration.
  • Appointment of Arbitrator: Abha Malhotra, Advocate (Mobile No. 9810777876), was appointed as the sole arbitrator to adjudicate the remaining disputes independently.
  • Procedural Directions: The arbitration will be conducted under the aegis and rules of the Delhi International Arbitration Centre (DIAC), with fees regulated as per the DIAC Schedule of Fees, and the arbitrator is required to furnish statutory disclosures under Section 12(2) within three weeks.

2026 DHC 6497

Suri International v. Union of India (D.O.J. 07.08.2026)

2026 DHC 6497 click here to view full text of judgment

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Moratorium Halts Enforcement: High Court Disposes of Execution Petition Amid Personal Insolvency Proceedings

August 12, 2026 No Comments

The present execution petition was brought before the Delhi High Court by the Decree Holder, Louis Dreyfus Company India Pvt. Ltd., against the Judgment Debtors, Mr. Krishan Dhingra and Anr. At the outset of the proceedings, counsel representing both parties jointly informed the Court that the Judgment Debtors were currently undergoing personal insolvency proceedings, under which a statutory moratorium was in active operation. In light of this development, Justice Om Prakash Shukla disposed of the execution petition while granting liberty to the Decree Holder to approach the Court by filing a fresh enforcement petition as and when the situation warrants.

  • Nature of Proceedings: The matter concerned an execution petition (OMP (ENF.) (COMM.) 15/2019) filed by the Decree Holder.
  • Insolvency and Moratorium Status: Counsel for both sides jointly reported that the Judgment Debtors are subject to personal insolvency proceedings and that a moratorium is currently in effect.
  • Disposal of Petition: Acknowledging the operation of the moratorium, the High Court disposed of the execution petition.
  • Liberty Granted: The Court granted liberty to the Decree Holder to revive or file a new enforcement petition when circumstances permit in the future.

2026 DHC 6494

Louis Dreyfus Company India Pvt. Ltd. v. Mr. Krishan Dhingra & Anr. (D.O.J. 10.08.2026)

2026 DHC 6494 click here to view full text of judgment

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Pursuit of Representation Leads to Withdrawal of Arbitration Petition

August 12, 2026 No Comments

The present arbitration petition was brought before the Delhi High Court, where the learned Senior Counsel for the Petitioner submitted that a formal representation dated 07.08.2026 had been made to the Ministry of Housing and Urban Affairs, Government of India. In light of this representation, the Petitioner sought leave to withdraw the arbitration petition. With the learned Additional Solicitor General (ASG) appearing for the Respondent offering no objections, Justice Om Prakash Shukla granted the requested leave and liberty, dismissing the petition as withdrawn.

  • Filing of Representation: The Petitioner submitted a representation dated 07.08.2026 to the Ministry of Housing and Urban Affairs, Government of India.
  • Withdrawal Request: Learned Senior Counsel for the Petitioner sought permission to withdraw the present arbitration petition so that the Petitioner could actively pursue the aforesaid representation.
  • Respondent’s Stance: Chetan Sharma, learned ASG representing the Respondent, stated that he had no objections to the withdrawal.
  • Judicial Order: The High Court granted the requested leave and liberty, dismissing the arbitration petition as withdrawn.

2026 DHC 6492

Indian Polo Association v. Union of India Through Ministry of Housing Finance and Urban Land Development Office (D.O.J. 10.08.2026)

2026 DHC 6492 click here to view full text of judgment

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Ensuring Continuity in Land Compensation Arbitration: High Court Extends Arbitrator’s Mandate

August 12, 2026 No Comments

The present petition was filed under Section 29A of the Arbitration and Conciliation Act, 1996, seeking an extension of the mandate of the learned Arbitrator to adjudicate land compensation disputes arising from the acquisition of the Petitioners’ land for the construction of NH-344M under the National Highways Act, 1956. Although pleadings before the erstwhile arbitrator were completed, the proceedings were transferred to a newly appointed arbitrator (the Secretary, Land and Building) on 28.07.2023, who subsequently observed that his mandate had expired. With the Respondent having no objection to the extension, Justice Om Prakash Shukla granted a joint request from the parties and extended the mandate of the sole arbitrator by a further period of six months from the date of the order, while also regularizing the intervening period.

  • Nature of Petition: The petition was brought under Section 29A of the Arbitration and Conciliation Act, 1996, to secure an extension of the arbitral mandate.
  • Origin of Dispute: The underlying dispute relates to the enhancement of land compensation awarded under Section 3G(5) of the National Highways Act, 1956, following the acquisition of the Petitioners’ land for NH-344M.
  • Transfer of Proceedings: Proceedings were transferred to a newly appointed arbitrator, the Secretary (Land and Building), vide an order dated 28.07.2023, during which it was noted that the mandate had lapsed and required formal judicial extension.
  • Respondent’s Stance: The Respondent, represented through counsel, submitted that they had no objection to the extension of the arbitral mandate.
  • Final Order and Relief: Acting on the joint request of both parties, the High Court extended the mandate of the sole arbitrator by six months and regularized the intervening period up to the date of the order, disposing of the petition accordingly.

2026 DHC 6488

Sh. Sube Singh & Anr. v. National Highway Authority of India (D.O.J. 10.08.2026)

2026 DHC 6488 click here to view full text of judgment

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