Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Companies Act, 2013, Section 241, 242 -- Application u/ss 241, 242 of the Act - Maintainability - Respondent is not holding shares to the extent of eligibility threshold of 10% as stipulated u/s 244 of Companies Act in order to maintain an application u/ss 241, 242 of the Act - He had nothing to do with affairs of company and he is not a registered owner - Rights in..........
Contractual matter -- Share purchase agreement (SPA) - GLI agreed to purchase entire shareholding of appellants and respondents - Emails exchanged between parties revealing respondents were earlier agreeable to execute SPA - However, there was a subsequent change of mind - GLI entitled to execution of SPA as legal documentation reflecting agreement under which acquisition..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B -- Bail - Cheating - Dispute regarding non-payment of amount for purchase of 11 trucks of apple boxes by petitioner - However, petitioner contended that entire payment falling to share of petitioner stands remitted into bank account of complainant - Petitioner is behind..........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Mohammedan Law -- Sale of minor's property - Mother under mahommedan law not a natural guardian of property and of her minor son and cannot possess right to deal with property - Attempt of mother to sell share of her minor's property thus, not sustainable...........
Agreement to sell -- Specific performance - Sale of minor's property by mohammedan mother - Suit property is small house in which vendor, her minor son and also her daughters had a share - Vendor had sought to sell not only her share but share of her minor son also - Mother under mahommedan law not be natural guardian of property and of her minor son and does possess..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Eviction of daughter - Property of mother - Mother seriously apprehends physical and mental harassment and consequently threat to her life at the hands of her divorcee daughter, if she goes to reside in her own flat without daughter being evicted from same - However, in view of COVID-19 pandemic..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Protection order - Right of residence - Settlement - Wife stated in her affidavit that despite best efforts on her part, she was not able to find any suitable accommodation on rental basis and as such she was willing to accept suggestion made on behalf of husband on previous occasion with regard to 1/3rd..........
