Money suit -- Suit based on dishonoured cheque - Suit against successors of deceased drawer of cheque - Plea that an amount of more than Rs.20,000/- cannot be given in cash and that amount allegedly was not shown in the income tax returns of plaintiff - Plaintiff proved his source of income - If there is violation of Income Tax Act then it does not mean that a borrower can..........
Indian Penal Code, 1860, Section 363, 366, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and gang rape - Testimony of victim - Victim is 13 years of age - Medical report does not support commission of offence of gang rape upon minor victim - She is not consistent in implicating accused and at different stages separate set of..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for declaration that gift deed is null and void - Relief claimed is for adjudging the gift deed as null, void as well as forged and fabricated - It is thus, not a simplicter suit for declaration of rights and it clearly falls u/s 7(iv-A) of the Act - Court fee would be payable as per S.7(iv-A) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry u/s 11 of the Act is limited to ascertaining the prima facie existence of an arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 11 -- Scope of judicial interference of referral Courts - With a view to balance limited scope of judicial interference of referral Courts with the interests of parties who might be constrained to participate in the arbitration proceedings, Arbitral Tribunal may direct that the costs of arbitration shall be borne by party..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Existence of arbitration agreement has not been disputed by respondent - Question whether there exists a valid dispute to be referred to arbitration can be addressed by Arbitral Tribunal as a preliminary issue - Former Chief Justice of Punjab & Haryana High Court appointed as the sole..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(3) -- Order passed u/s 3(3) of the Act - Appeal - No provision in Statue enabling party to file appeal against order passed u/s 3(3) of the Act - When no such remedy is provided by law, judgment in appeal is a non-est and can only be ignored...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation, absence of cohabitation, complete breakdown of all meaningful bonds and existing bitterness between husband and wife, amounts to cruelty u/s 13(1)(ia) of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Marriage of husband and wife was solemnized in year 2008 and they are living separately since 2012 i.e. around 12 years - Matrimonial bond is completely broken and is beyond repair - This relationship must end as its continuation is causing cruelty on both sides - Marriage between..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Considering the fact that husband is a labour and economic condition of both the parties, it is fit and proper that husband shall give Rs.2 Lacs to wife as permanent alimony...........
