Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void marriage - Partition suit - Plaintiffs have not disputed that defendant no.1(a) had married deceased during subsistence of marriage with plaintiff with deceased - Though marriage between defendant no.1(a) and deceased is hit by S.11 r/w S.5(i) of Hindu Marriage Act and it is a void marriage,..........
Indian Contract Act, 1872, Section 28 -- Condition of lodging claim within a period of one month, extendable by another one month - Such agreement is contrary to S.28 of the Act and thus void...........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Cancellation - Gift deed executed voluntarily by petitioner in the year 2011 - Petitioner clearly stated in the gift deed that he has no right to cancel and frustrate gift deed and any such steps if taken would be void - No condition attached to gift - Petitioner was 39 years old at the time of execution of gift..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval of competent authority - Inquiry and investigation - Allegation of demanding illegal gratification relates to discharge of official duties of accused and no prior approval of competent authority has been obtained - Proceedings or very attempt to arrest accused on the spot on the charge of accepting bribe may..........
