Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
Central Vigilance Commission Act, 2003, Section 8(1)(a), 8(1)(b), Delhi Special Police Establishment Act, 1946, Section 4A(1), Prevention of Corruption Act, 1988, Section 7, 7A, 13(2), 13(1)(d) -- Offence u/ss 7, 7-A, 13(2), 13(1)(d) PC Act - Order of CVC divesting Director of CBI - Validity of order - Head of institution `Director' has to be role model of independence and..........
Administrative Tribunal Act, 1985, Section 14, Contempt of Courts Act, 1971, Section 2(b) -- Contempt case - Dismissal of - Validity of order passed by authorities, in compliance with order of Tribunal should not ordinarily be permitted to be questioned in contempt proceedings, as the merits of orders passed by authorities cannot be examined in contempt proceedings..........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment, creation or devolution of any interest during pendency of suit - Leave for continuing the suit - No limitation is prescribed for a person to be substituted U.O.22.R.10 CPC in place of original party to the proceedings - At any time during pendency of suit he may be substituted - Court has only to be prima facie..........
Civil suit -- Suit barred - When suit itself is barred it is not open for civil court to record any finding on the validity of order under challenge...........
Will -- Suspicious circumstance - Execution of Will in favour of husband - Re-marriage of husband - Merely because husband remarried within 1 month of death of testatrix, would not affect the validity of Will, as testatrix could not have dreamed of that her husband would re-marry - Mind of executant on the date of execution of Will has to be seen...........
Insurance claim -- Demolition of building by Municipal Corporation - Exclusion of claim in policy - Demolition was carried out under authority of Municipal Corporation - Insurer repudiated the claim on the ground that demolition was under the authority of law and such claim is excluded under insurance policy - Exclusion under the policy of insurance was attracted, as..........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Agreement to sell -- Sale deed executed in pursuance thereof - Sale deed cannot be set aside only on the ground that there is some suspicion in the execution of agreement to sell - Once sale deed is executed, agreement to sell pales into insignificance - However, in a particular case where unimpeachable evidence comes, Court can examine validity of sale deed while making..........
