Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical possession and therefore requested..........
Civil Procedure Code, 1908, Section 17, 16(d) -- Territorial jurisdiction - Suit relating to immovable property - Property situated within jurisdiction of different Courts - Suit may be instituted in any Court within local limits of whose jurisdiction any portion of said immovable property is situated...........
Punjab Land Revenue Rules, 1908, Rule 14, 15, 16 -- Appointment of Lambardar - Collector has not appointed Lambardar on basis of hereditary claim rather an additional benefit has been given to him only of having some kind of experience of work of Lambardar being in company of his father, who was earlier Lambardar - Petitioner might be retired personnel from Indian Navy,..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of opposite party as a witness - Court can allow when summoned party has no objection - However, if party so summoned as witness refuses to appear or objects to the summoning, Court cannot force the opposite party to appear as a witness for opposite party...........
Rajasthan Agricultural Produce Market Act, 1961, Section 14, 15, 16, 17, Rajasthan Agricultural Produce Market Rules, 1963, Rule 58, Sale of Goods Act, 1930, Section 4, 19, 20, 21, 22, 23 -- Market fee - Agriculture produce - If entire transaction takes place outside State and ownership in goods also passes outside State, then market fee is not payable...........
Rajasthan Agricultural Produce Market Act, 1961, Section 14, 15, 16, 17, Rajasthan Agricultural Produce Market Rules, 1963, Rule 58, Sale of Goods Act, 1930, Section 4, 19, 20, 21, 22, 23 -- Market fee - Agriculture produce - Buy and Sell - Intention is to be gathered from terms and conditions - Terms and conditions mentions that responsibility of seller ceases as soon as..........
Hindu Marriage Act, 1955, Section 16 -- Illegitimate child - Benefit of S.16 of the Act is available to an illegitimate child who is born to parents who have undergone rituals/formalities of performance of marriage, may be void or voidable - Any physical relationship between a man and a woman is not contemplated as marriage u/s 16 of the Act...........
Hindu Marriage Act, 1955, Section 16 -- Illegitimate child - Marriage between parties declared void due to subsistence of earlier marriage of husband - Child born to such marriage is entitled to right of property of her father, as benefit of legitimacy is available to her - However, second wife not entitled to any pensionary benefit as marriage between parties was not..........
Hindu Marriage Act, 1955, Section 16 -- Right of child born out of null and void marriage in ancestral property - Child begotten in a marriage which is otherwise null and void, have no right to coparcenary or other property of either parent, except the property which is of their own parents - But the ancestral property falling specially to the share of a person, would..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
