Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- (As in Bombay) - Striking off defence - Violation of order granting maintenance - Divorce proceedings - Husband violated order granting maintenance - Although prayer is not sought for dismissal of divorce petition, however, there is no impediment in granting such relief as order granting maintenance is breached - Direction..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell vide which physical possession had already been handed over to appellant, regardless of basis of such possession satisfies the requirement to treat the instrument as a `conveyance' within meaning of Art.25 of the Act - Agreement to sell liable for payment of stamp..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Registration Act, 1908, Section 71, 23 -- Refusal to register document - Time taken by stamp authority has to be excluded for calculating 4 months period provided u/s 23 of the Act - Said period cannot be attributed to petitioner and unless stamp authorities adjudicated the stamp duty payable and petitioner pays the stamp duty, document cannot be registered as per S.34 of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Requirement of prima facie existence of an arbitration agreement as stipulated u/s 11 of the Act is satisfied - Former Chief Justice of High Court of Judicature at Bombay appointed as sole arbitrator...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Recovery suit - Defendants are residing in Bombay and no corporate office of defendants is situated at Mhow and even no negotiation took place at Mhow - Mere fact that plaintiff had received certain e-mails regarding negotiation at Mhow, does not create any cause of action..........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
