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ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 12(c), 14 -- Annulment of marriage - Petition by wife - Contention of husband that wife filed petition u/s 12(c) of the Act only to avoid statutory bar u/s 14 of the Act - Contention rejected, as it is the right of party to seek annulment of marriage u/s 12(c) of the Act, by establishing that consent for marriage was obtained by playing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Limitation Act, 1963, Section 3 -- Limitation - Question of limitation is a mixed question of law and facts - Even if issue of limitation is not dealt with by Civil Court, Appellate Court is not debarred from dealing with such a plea - Suit filed beyond period of limitation is liable to be dismissed on this score alone...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold to third party - Held,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was paid and possession of property already delivered - Time..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed after 3 months of passing ex..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1) -- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........

Showing : 401-410 of 4736 Results