Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Evidence Act, 1872, Section 92 -- Oral evidence - Evidence to vary terms of an agreement in writing is not admissible, but evidence to show that there is no agreement in the first place is admissible - Thus, unless grounds fall within S.92 provisos of the Act read with illustrations to said section, there is a bar on adducing oral evidence...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Will -- Execution - Testimony of Attesting witness is clear that he had seen the testator affix his mark on the Will - That alone would ensure compliance of S.63(c) of Succession Act - Mere fact that Attesting witness in his deposition did not state that the act of affixing his thumb impression on the Will was at the direction of Testator, it cannot be said that..........
Hindu Adoptions and Maintenance Act, 1956, Section 20, 3(b)(ii) -- Maintenance to daughter - Marriage expenses - As per Section 3(b)(ii) of the Act, in case of an unmarried daughter, maintenance include not only the reasonable expenses of marriages but also expenses incident to her marriage i.e. which are directly incurred for marriage and which are incurred indirectly or..........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
