ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Wife left the house of her husband on being harassed and tortured for demand of dowry - Even evidence on record shows that husband did suspect on the conduct and character of wife - It would also amount to cruelty - More so, wife trying to get maintenance since 2005 but not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3-- Appreciation of evidence - Statement of witness to be taken into consideration as a whole...........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 2, Hindu Marriage Act, 1955, Section 13(1)(ia)-- Evidence beyond pleadings - Divorce - Cruelty - Petition by husband - Husband seeking divorce on the ground of cruelty - Issue relating to adultery and evidence on this point as well as finding given by Court below, are all beyond pleadings of parties, which cannot be allowed to continue -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Contempt of Courts Act, 1971, Section 12-- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42-- Deficiency - Consolidation officer committed gross illegality in granting land belong to Gram Panchayat to private respondents in cavalier fashion - Consolidation officer completely ignored caution in order by which matter was remanded to him for consideration - It was incumbent upon him to get..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d)-- Lease - Unregistered - Unregistered lease deed cannot be taken into consideration with respect to terms and conditions of lease - It can only be used for collateral purposes - Terms and conditions of lease are main purpose of contract of lease - Unregistered document which cannot be taken into..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 8(2)-- Reference to arbitration - Filing of original or duly certified copy of arbitration agreement at the time of consideration of application - Application not to be rejected u/s 8(2) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 163A, 166-- Structured formula - Compensation - Claimant has lost there three months old son in accident - Deceased was no, earning person and notional income of deceased has to be taken into consideration to compute the compensation...........