Civil Procedure Code, 1908, Order 26, Rule 11, Arbitration Act, 1940, Section 21 -- Appointment of Commissioner/arbitrator - Application was filed by plaintiff for appointment of Commissioner/arbitrator to conduct an enquiry in respect of accounts by a competent Chartered Accountant - Said application cannot be read as an application moved on prior agreement or consensus..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties for dissolution of marriage by a decree of divorce by mutual consent - On perusal of its terms the same found to be lawful and there is no reason as to why the same cannot be accepted - Parties living separately and there is no possibility of reconciling the dispute..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - If there is specific agreement between parties with regard to payment of interest then Arbitral Tribunal will cease to have any discretion and would be bound by agreement between parties - In the absence of such an agreement between parties Arbitral Tribunal has discretion to award..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 341, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Matrimonial offence - Settlement arrived at between parties - There is no societal interest involved in the case - Proceedings against petitioners quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband had put entire burden on wife to manage house, her job and to look after children - He did not take any responsibility and continuously abused wife and insulted her family members - Parties have been married for nearly 24 years, but they have not spent major part together as..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers - Since matter has been compromised between parties, sentence awarded to accused..........
