Haryana Co-operative Societies Act, 1984, Section 102 - - Co-operative Group Housing Society - Refund of transfer fee - Registrar held charging of transfer fee illegal - Registrar has not declared refund on ground that it is time barred - Action is termed illegal and its charging stopped - Held, if money which is illegally charged unauthorizedly, refusal to refund same..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Held, in cases of contract for sale of immovable property grant of relief of specific performance is a rule and its refusal an exception based on valid and cogent grounds...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Pragmatic view should be taken - If refusal to condone delay results in grave miscarriage of justice, it would be a ground to condone the delay...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Grounds set out for refusal of bail on behalf of prosecution appears to be quite unjustified and flimsy - Allegations of tampering of evidence also do not appear to be so grave and serious as has been made out - On a perusal of case diary, it is found that no reason has been recorded as to why..........
Divorce Act, 1869, Section 10(1)(x) -- Refusal to allow conception - Amounts to mental cruelty...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- `Mahr' or dower - Divorced woman - Grant of - Parties entered into marriage by performing rites and ceremonies in accordance with Muslim law and marriage between parties stands dissolved by a decree of divorce passed by Court of competent jurisdiction - Refusal of decree for amount of `Mahr' agreed to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance to wife - Refusal of husband to keep wife on ground of adultery of wife - Failure of husband to prove charge - Husband working as peon in a college and getting more than Rs.4,000/- p.m. as salary and had also some land - Grant of Rs.800/- p.m. as maintenance to wife, proper...........
Indian Penal Code, 1860, Section 498A, Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Cognizance of offence - Refusal to - Validity - Only some vague and general allegations have been made against respondents/A2 to A6 in domestic violence case - On same allegations, petitioner filed a case u/s.498-A IPC..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Limitation - Non-delivery of AD - Complainant has proved that Registered Post A.D. notice was issued on 18.05.2009 - Complaint was made by complainant regarding no, delivery of acknowledgment card and it was only on 30.06.2009 that he was informed by postal authorities that notice..........
