Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere factum of leasing out flat does not by itself demonstrate that appellants purchased the property with dominant purpose of engaging in commercial activity...........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitral award - Challenge as to - Once Court while adjudicating application u/s 11 of the Act gave a finding of existence of a valid arbitration agreement, right or wrong that decision should bind the parties when they have not challenged the same and even also be bound during subsequent stages of proceedings which..........
Service -- Part time contractual instructors/teachers - Fixation of honorarium - Project Approval Board (PAB) is sole central authority to manage budget and finances under Right of Children to Free and Compulsory Education Act and scheme and to fix honorarium for instructors/teachers appointed thereunder - No other authority has any say in the matter concerning finance and..........
Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge over husband's property - Fraudulent transfer of property - Hindu wife has a right to claim maintenance out of her husband's property and consequently entitled to protection u/s 39 of the Act - Therefore, if wife is able to establish that purchaser had knowledge of her right at the time of purchase,..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - Fraudulent transfer of property - Purchase was effected prior to filing of maintenance proceedings - Wife cannot claim benefit of deemed knowledge on the part of purchaser regarding her right - It was therefore incumbent upon her to establish that purchaser had actual knowledge..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - During dormant stage of wife's right, a purchaser cannot be presumed to have knowledge of such a right for the purpose of invoking S.39 of the Act or S.28 of Hindu Adoptions and Maintenance Act - However, it is open for wife to establish actual knowledge on the part of purchaser..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - In matters of custody, paramount consideration is welfare of children but nonetheless there are a host of other factors which weigh before Court while passing final order of custody which may include the conduct of parties, their financial capacity, their standard of living, as well as comfort and education..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
