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#lawgicallyspeaking The Division Bench of Acting Chief Justice Anant Dave and Justice Biren Vaishnav reached this conclusion based on the interpretation of provisions in Gujarat building and town planning laws which mandate that building owners should "provide" car parking space. The connotation of the word "provide" is that it should be given without charging any fee, reasoned the bench. "Word `provide' connotes "to make available for use; supply". In Regulation 8.12 of the Gujarat Comprehensive General Development Regulations 2017(GCDR), the term `provide' is frequently used. Hence, it can safely be inferred that parking is to be `made available for use' to visitors by the owners of a mall or the respective shop/ establishments, as the case may be, without charging any fee for the same", the bench said in its judgment. The bench was hearing a batch of appeals by Ruchi Malls Pvt Ltd and other mall owners against a single bench judgment which directed the state government to frame a policy for regulating parking fee. That was in a writ petition filed by the mall owners against an order by traffic police authorities asking them to desist from charging parking fee on the ground that GCDR did not permit it. In the judgment passed last October, the single bench of Justice Bela Trivedi accepted the contention of the mall owners that GCDR did not mandate giving of 'free' parking space and quashed the orders of traffic police. However, the single judge observed that parking fee cannot be exorbitant and proceeded to issue a direction for framing a guideline to regulate parking fee. Against this direction, the mall owners approached the Division Bench. The Division Bench however re-examined the entire issue, and held that the single judge was in error in holding that mall owners could collect parking fee. Source ~ LiveLaw #mylegalaid #highcourt #supremecourt #lawyers #life #advocate #aid #help #thehindu #timesofindia #indianexpress #livelaw #lawsofindia #upsc #mpsc #gk #lawupdates #news #legalnews #vakil #ias #ips #constitution #revnue #protection #civilcourt #petition #collector #districtcourt

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#lawgicallyspeaking SC verdict can be interpreted to mean that any activity not allowed in a public space, such as smoking, will now not be allowed in a private car on a public road. The court has essentially overruled a 1999 Kerala High Court judgment which had said that a private car on a public road would still constitute a private space. The verdict can be interpreted to mean that any activity that is not allowed in a public space, such as smoking, will now not be allowed in a private car on a public road either. The Supreme Court bench of Justices Ashok Bhushan and K.M. Joseph said that while the public may not have access to a private vehicle as a matter of right, but it would definitely have the opportunity to approach the vehicle on a public road. The court further noted that ‘public conveyance’, which was omitted from the 1978 notification that defined public space, was introduced in the 2016 Bihar Excise (Amendment) Act. “The statutory amendment also did away with the difference between public and private conveyance,” the court noted. #mylegalaid #highcourt #supremecourt #lawyers #life #advocate #aid #help #thehindu #timesofindia #indianexpress #livelaw #lawsofindia #upsc #mpsc #gk #lawupdates #news #legalnews #vakil #ias #ips #constitution #cars #protection #civilcourt #petition #collector #districtcourt

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#lawgicallyspeaking The bench of NV Ramana and MM Shantanagoudar, JJ, on the issue relating to legality of the marriage of a Muslim man with an idolater or fireworshipper, said that such marriage “is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage.” In the present case, the plaintiff had claimed his share in property of his Muslim father, who had married his Hindu mother. However, the defendants argued that the plaintiff’s mother was not the legally wedded wife of Mohammed Ilias and that she was a Hindu by religion at the time of marriage. She had not converted to Islam at the time of her marriage, and thus the plaintiff was not entitled to any share in the property in question. The Court, however, after considering that the marriage in question was an irregular marriage, noticed: “the legal effect of a fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband. But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.” Based on the finding that any child born out of a fasid marriage is entitled to claim a share in his father’s property, the Court held that the plaintiff was entitled to his share in his father’s property. [Mohammed Salim v. Shamsudeen, 2019 SCC OnLine SC 52, decided on 22.01.2019] Source ~ SCC online #mylegalaid #highcourt #supremecourt #lawyerslife #lawmeme #lawsociety #lawsofindia #livelaw #legalnews #advocates #attorney #ias #ips #gk #clat #nlu #thehindu #lawupdates #constitution #tiktok #insta #justice #serious #property #muslim #child #hindu #instanews #victim #instanews

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#lawgicallyspeaking Placing reliance on a catena of judgments passed over the years on the issue, Justice N Anand Venkateshhighlighted, "It is very clear from the above judgments that even though Section 125 restricts the payment of maintenance to the children till they attain majority, when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled for maintenance till she remains unmarried by virtue of Section 20(3) of the Hindu Adoption and Maintenance Act, 1956." Generally, Section 125 of the Code of Criminal Procedure (CrPC) only provides for the grant of maintenance to minor daughters. An exception to this general provision is that major daughters can also claim maintenance under Section 125 if they are unable to maintain themselves owing to some "physical or mental abnormality or injury." However, over the years, courts have recognised enabling laws in Muslim and Hindu personal law that would allow major unmarried daughters to claim maintenance, if they are unable to maintain themselves, regardless of such disablement. #mylegalaid #highcourt #supremecourt #lawyerslife #lawmeme #lawsociety #lawsofindia #livelaw #legalnews #advocates #attorney #ias #ips #gk #clat #nlu #thehindu #lawupdates #constitution #murder #absoluteliabiltiy #writ #daughter #instgram #father #court #lawcollege #instanews