Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Monthly income of husband after deduction is Rs.42,492/- - Husband also owns a plot and has a share in joint ancestral agricultural land - Permanent alimony of Rs.10,00,00/- in full and final settlement, awarded to wife...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4) -- One Time Settlement - Petitioner defaulted under one time settlement - Petitioners have to first pay balance amount as agreed upon and interest would keep recurring till amount is not paid...........
Insolvency and Bankruptcy Code, 2016, Section 12A, 7 -- Withdrawal of Corporate Insolvency Resolution Process (CIRP) proceedings - Settlement - Where out of 128 home buyers, 82 home buyers will get the possession within a period of one year as undertaken by appellant and Corporate debtor coupled with the fact that applicants have also settled the dispute with Corporate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Adverse possession -- Alternative pleas of ownership and adverse possession - Where in a suit defendant claimed himself to be owner over disputed property on the ground of family settlement, alternative plea by defendant that he had perfected his title by adverse possession, cannot be allowed...........
Oral family settlement -- Transfer share by way of oral family settlement in respect of property valued more than Rs.100 is not permissible in law...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Through family settlement, pre existing right of residence and maintenance of Hindu female as recognized - No new right was conferred on her - She thus, became full owner of property in question by virtue of S.14(1) of the Act - Consequently, daughter of Hindu Female is entitled to inherit the property..........
Family Courts Act, 1984, Section 10(3) -- Powers of Family Court - Family Court has power to lay down its own procedure with a view to arrive at settlement, or to enquire into truth of facts alleged - To find out the truth, Family Court does not require the consent of parties...........
