Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Adjudication of all outstanding disputes between two corporations through arbitration is necessary particularly, when alternative to such arbitration is a long drawn expensive and cumbersome trial of suit filed by appellant before a Civil Court and difficulties that beset the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute as to execution of MOU - High Court ought to decide the question of legality, validity and genuineness of agreement/MOU by itself - High Court was not justified in directing arbitrator to decide said question - Direction issued by High Court directing arbitrator to decide said..........
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59 -- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable,..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Restitution of conjugal rights - Execution - Decree of restitution of conjugal rights cannot be enforced by compelling either the husband or wife to restore conjugal rights or to resume cohabitation, unless and until he/she is willing for such restoration or resumption...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea that decree passed is without jurisdiction - A view taken by Court may not be correct but that does not render the decree to be without jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Tenants admitted that are paying rent to landlady after execution of sale deed of demised shop by earlier owner to landlady - Relationship of landlady and tenant exists between parties...........
Will -- Unprivileged Will - Execution and proof - Plaintiff who fails to prove Will in its solemn form cannot be granted Probate or Letters of Administration with Will...........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
Will -- Suspicious circumstances - There is no mathematical quation to determine the genuineness of Will - Authencity of a Willdepends upon the circumstances surrounding its execution and quality of the evidence led by its genuineness...........
