Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of appellant as 34 years at the time of accident, his monthly income @ Rs.6,950, 40% future prospects, multiplier of 18, 55% permanent disability and other heads under which appellant is entitled to compensation, total compensation of Rs.15,55,211 with 6% interest p.a from date..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Two documents regarding date of birth of applicant already on record - He was below 16 years of age at the time of alleged incident as per said documents - There was thus, no occasion for JJ Board to direct an ossification test for determination of age of applicant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
