Hindu Marriage Act, 1955, Section 25, 26 -- Permanent alimony - Absence of separate application - Not a bar to grant permanent alimony to wife while passing decree of divorce - Overall conduct of the parties has to be taken into account in considering the question whether S.25 of the Act has to be invoked...........
Hindu Marriage Act, 1955, Section 9, 5 -- Restitution of conjugal rights - Husband disputing marriage as ceremony of Sapatpadi in front of sacred fire not performed - Marriage took place 17 years back and two children born - Parties cohabited as husband and wife for a long time - Marriage proved from ration card application, student diary of daughter signed by husband..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Maintainability of eviction petition after the property is acquired by HUDA - Relationship of landlord and tenant between the parties cease to exist for all intents and purposes and authorities under the Rent Act become functuous officio - Held, eviction petition is not maintainable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment from Shamlat Deh - Petitioner claiming that he is owner of the land in dispute being right holder/share holder and in possession of Jumla Malkhan land owned by him in accordance with the respective shares in the holdings - However, Gram Panchayat claimed that the land in dispute is Shamlat Deh which..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Additional evidence - Sought to be produced at the stage when petition was fixed for arguments - Such evidence not produced at the earlier stage - Tenant some what negligent - By itself not sufficient to negate the prayer - Copies of plaint and written statement in earlier suit..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Appointment - Serious allegations of fraud and criminal misappropriation - Can only be decided by Court when parties lead detailed evidence and not by the Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 15(1) -- Substitute arbitrator - Can only be appointed when mandate of arbitrator appointed terminates or when he withdraws from office for any reason or by or pursuant to agreement of the parties and not where the arbitrator appointed by either party declines to accept the appointment or refuses to act as such...........
Arbitration and Conciliation Act, 1996, Section 15(2) -- Term `Rules' is not confined to statutory rules or the rules framed by the competent authority in exercise of the power of delegated legislation - It also includes the terms of agreement entered into between the parties...........
Arbitration and Conciliation Act, 1996, Section 11(2) -- Arbitrator - Appointment - Arbitrator is to be appointed adhering to the terms of the agreement between the parties in the matter of appointment of arbitrators and procedure to be followed for such appointment...........
Representation of the Peoples Act, 1951, Section 176 -- Recounting of votes - Two basic requirements are (i) the election petition seeking re-count of the ballot papers must contain an adequate statement of all the material facts on which the allegations of irregularity or illegality in counting are founded, and (ii) on the basis of evidence adduced in support of the..........
