Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Grant of - Held, if there is a contract between parties, which is either admitted or established, laying down an obligation on part of one of the parties to contract to do certain acts which Court is capable of enforcing, Court has got discretionary power to grant such an injunction to prevent breach of..........
Northern India Canal and Drainage Act, 1873, Section 30 -- Watercourse - Types of - Held, 1873 Act deals with both, authorized and unauthorized watercourse - Expression `authorized watercourse' means a watercourse made available under provisions of the Act and all other being unauthorized - S.30-F contemplates only three types of watercourses i.e. - (i) sanctioned by law -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Matter has been settled between parties - Held, in view of provisions of S.147 conviction and sentence of accused set aside...........
Transfer of Property Act, 1882, Section 107 -- Lease - Option of extension - Merely because there is an option entitling an extension of lease period, the same would not automatically mean that tenant would become a tenant for the fresh period of the option - It is necessary that a proper registered lease deed, for the fresh/new period for which the option is sought to be..........
Guardians and Wards Act, 1890, Section 7, 8, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Custody of minor children - Divorce between parties - Custody of two daughters aged 17 years and 11 years - Children living with father and categorically stating that they do not want to go with mother - Children cannot be forcibly handed over to mother as it will..........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - No marital relationship between parties, as alleged by respondent, prima facie proved - Held, in such situation, petitioner should not be directed to undergo DNA test - Court can order only on prima facie satisfaction of proof regarding truth of allegations...........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Ordinary Civil Court cannot be approached for mere purpose of appointing an arbitrator - Court gets jurisdiction to refer the parties to arbitration (where there is an arbitration agreement) only if an action is pending before the Court...........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 14(1)(d) -- Insurance claim - Arbitration - Additional remedy - Plea that there was an arbitration clause or that the claim is still pending with the Insurance Company and has not been repudiated or that the dispute between the parties is not a consumer dispute so the complaint is not maintainable repelled - No arbitration..........
Micro Small and Medium Enterprises Development Act, 2006, Section 17, 18, Arbitration and Conciliation Act, 1996 - - Dispute between supplier and buyer - Recovery of amount - Arbitration agreement provided for reference to arbitral Tribunal in case of dispute between supplier and buyer through procedure established under the Act of 1996 - Petitioner/buyer issued notice to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Compensation - No opportunity of being heard was given to petitioner before awarding compensation of Rs.1,50,000/-, i.e., double the cheque amount - Held, court did not consider the relevant factors while awarding such a big amount of compensation - That ought to have been done -..........
