Showing : 4991-5000 of 69387 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Scope - Provision of S.23 of the Act is applicable even if the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor, is stipulated only orally and is not in writing or is not a part of the document of transfer...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for permanent injunction - Plaintiff seeking impleadment of `S' as a party, as he is having claim over property in question - Therefore, in the best interest of justice and to avoid multiplicity of litigation, he is required to be impleaded as a party - Moreover,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Transfer of Property Act, 1882, Section 126-- Scope - Distinction between the two provisions - Provision of S.23 of Act of 2007 is in addition to and in any event different to an extent from the provision of S.126 TPA and not in derogation thereof - S.23 provides for additional safeguards to the senior citizens - S.126 does not deal with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Co-sharers-- Suit for partition - Family living separately without recording any family settlement in revenue record - Said separation does not lead to conclusion that property is partitioned by metes and bounds...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Provisions under the Act essentially create a plethora of civil rights breach of which results in basically providing civil remedies which are alien to criminal law...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Rights created and remedies provided for breaches thereof in the Act are basically of civil nature and therefore, by specific provisions authority has been conferred even upon civil Courts, in addition to criminal Courts u/s 26 of the Act, to deal with an..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Sudden Fight between parties, which is not premeditated - Accused not taken undue advantage of his carrying a ballam in sense of inflicting any other serious injury except a contusion to PW1 - Intention on the part of accused to cause death of deceased is missing - Accused must..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, 85-- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability..........

Showing : 4991-5000 of 69387 Results