Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between a Christian and a Hindu performed as per Hindu rites with full consent of both parties cannot be said to be invalid for the purposes of claiming maintenance u/s 125 Cr.P.C...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption deed - Registered deed executed in the year 1955 - Plea that consent of wife not taken to adopt - Since deed was executed prior to enactment of Act and thus even presuming that consent wife was not taken will not make the deed invalid - However, there is nothing to suggest that wife had not given her implied..........
Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3(1)(2) -- Detention - Grounds or reasons which led to subjective satisfaction of detaining authority if no, existent or misconceived or irrelevant, then, order of detention will be invalid...........
Agreement to sell -- Specific performance - Relief of - Specific performance cannot be ordered if contract itself suffers from some defect which makes the contract invalid or unenforceable...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Natural guardians of adoptee did not sign the adoption deed as executant's thereof but appended their signatures thereto as attesting witnesses - This is merely a technicality and adoption deed duly registered could not be declared invalid, particularly when other persons also signed the..........
Arbitration Act, 1940, Section 30(c) -- Term `otherwise invalid' - Not controlled by principle of ejusdem generis - Ground of `otherwise invalid' for setting aside award is quite wide in amplitude and available to the concerned Court if it finds that award requires to be treated as invalid...........
Constitution of India, 1950, Article 14 -- Doctrine of legitimate expectation - Creation of invalid mortgage of Nazul land in favour of bank against loan by lessee Company - Bank obtained mortgage decree in case where State was not even party - State is the title holder in case of said Nazul land - In absence of any legal relationship between bank and State - Bank cannot..........
