Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife was in illicit relationship with second respondent - Wife of second respondent also lodged complaint that he was in illicit relationship with wife/first respondent - Husband was a Constable in CRPF and he was away from marital home on his duty and could visit his home only twice a year by availing..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Stamp Act, 1899, Section 2(17) -- Mortgage deed - Instrument executed by appellant fulfills essential characteristics of a mortgage deed - Deed confers a right over specified properties in favour of Development Authority to secure performance of an obligation while preserving appellant's interest until full discharge of obligation - Nomenclature "Security Bond cum Mortgage..........
Mediation -- Role of lawyers - If lawyers are to double-up and evolve as mediators, a development which we consider is inevitable, they must cultivate a distinct set of skills and adopt a new attitude towards dispute resolution one that diverges from adversarial litigation - Acquisition of these skills and mind set begins with revisiting certain traditional techniques and..........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. - Maintainability of a second petition u/s 482 Cr.P.C. is contingent upon applicants establishing a material change in circumstances or a subsequent legal development that fundamentally alters the basis of earlier rejection...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
Arbitration and Conciliation Act, 1996, Section 43, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Applicability of provisions of Limitation Act to conciliation and arbitration proceedings initiated u/s 18 of the Act - Considering the overriding effect of the provisions of the MSMED Act and the clear language of Section 18(3), Section 43 of the ACA..........
