Hindu Adoptions and Maintenance Act, 1956, Section 19, 21, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Act does not provide for grant of interim maintenance pending the final decision of the proceedings yet the Court by virtue of the duty to render fair justice and in exercise of its inherent power under Section 151 CPC has wide discretion to grant..........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
Will -- Not necessary that Will has to be registered - Will being registered or not registered - Does not make any difference - Subsequent unregistered Will if its execution is properly proved and there is evidence to accept execution of Will - Unregistered Will to prevail over earlier registered Will - Subsequent unregistered Will made one month prior to death of testator..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Performance or willingness to perform his part of the contract is one of the essential ingredients of the plea of part performance - Failure to prove such willingness, protection to possession cannot be claimed by reference to Section 53-A of the Act...........
Land Acquisition Act, 1894, Section 23, 23(1A), 28 -- Market value of acquired land at the date of Notification under Section 4 - Sum payable on all factors enumerated in clauses Firstly to Sixthly of Section 23(1) - Additional benefit under Section 23(1 - A) only on market value of land i.e. compensation assessed under sub - section (1) of Section 23 - Benefit under..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 12A -- Unfair trade practice - In case of complaint by a trader, the trader must convince by way of `evidence sufficient' that there is involved an element of public interest in complaint in order to obtain an order of injunction in terms of Section 12-A - Commission in turn has to consider as to whether or not,..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Failure to make Rules for purposes of regulating terms and conditions relating to transfer of property including leasing it out - Would not render transfer of property made under terms of lease as illegal, void or inoperative - Power to transfer property including leasing it out - Authorised by..........
Constitution of India, 1950, Article 226 -- Interim stay - Liability to pay interest for the period when stay obtained till writ petition dismissed - State - authorities cannot be equated with private commercial institutions - Amount of compensation in form of interest - Should not amount to penalty despite the fact that person found to have jeopardised law - Party when..........
Punjab Village Common Lands (Regulation) Act, Section 13 -- Suit in Civil Court for injunction claiming to be owner in possession of suit property - Defendants asserted that site in dispute a street and a Chowk being used by all villagers for common purposes, same belongs to Gram Panchayat and jurisdiction of Civil Court barred under Section 13 as site in dispute Shamlat..........
