Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Inconvenience of the parties to appear before Court cannot be a ground to waive off the cooling period - Basic purpose of making a provision for cooling period is to think over the decision of getting separated...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Following conditions are to be satisfied: (i) All efforts of mediation and conciliation including efforts in terms of O.32-A.R.3 CPC, S.23(2) CPC and S.9 of Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction..........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - While pendente lite interest is a matter of procedural law, pre-reference interest is governed by substantive law - Therefore, grant of pre-reference interest cannot be sourced solely in S.31(7)(a) (which is a procedural law), but must be based on an..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Once Court is satisfied that parties have taken a conscious decision to separate and move ahead and that there is no possibility of reconciliation, Court should adopt a realistic approach and exercise the discretion to waive the waiting period...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Petitioners stated that in spite of making several efforts, they were unable to reconcile their differences and would not be able to stay together - They further stated that they both are well settled in their independent professions, and pendency of the petition is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
Market fee and Rural Development fees -- Exemption from payment - Market fees and Rural Development fees are distinct and, there being no exemption from Rural Development fees mentioned in 2003 Policy as it only encompasses exemption from Market fees in its ambit - Two fees under the two different statutory frameworks cannot be equated as one and it cannot be assumed that..........
