Arbitration and Conciliation Act, 1996, Section 29A(5) -- Time limit for arbitral award - Extension of time - Application for extension of time for passing an arbitral award u/s 29-A(4) r/w S.29-A(5) of the Act is maintainable even after the expiry of twelve month or the extended six month period, as the case may be - Court while adjudicating such extension applications..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties are living separate from each other for more than a decade and husband has not been able to meet his daughter even once during this period - These facts are sufficient to cause mental pain, agony and suffering to both the parties and it would make it impossible for the parties..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left husband's house in 2014 and she did not return to live with him till date i.e for more than a decade - She is not even contesting the appeal, which shows that she has no interest in her relation with husband and which indicates that wife has abandoned the relationship..........
Indian Penal Code, 1860, Section 509, Kerala Police Act, 2011, Section 120 -- Offence u/ss 509 IPC and S.120 of K.P Act - Posting 2 postcards with derogative statements by itself is sufficient to attract offence punishable u/s 509 IPC as well as S.120 of K.P Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the company of husband in the year 2011 - She also admitted in writ petition filed by husband in the year 2015 that she will not live with husband - Said statement was in fact the affirmation of husband's contention that wife is not living with husband since the year 2011 -..........
