Arbitration and Conciliation Act, 1996, Section 23 -- Arbitration proceedings - Statements of claim and defence - When Arbitral Tribunal is constituted claimant is required to file statement and respondent to file his defence statement with counter claim, if any, before arbitrator - Claimant is not bound to restrict his statement of claim to claims raised by him in notice..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Mere earning in foreign currency does not by itself entitles wife to claim maintenance by mechanically converting husband's foreign income into Indian currency and applying formulae evolved by Indian..........
Will -- Executed in favour of eight siblings to the exclusion of plaintiff - Testator was of sound disposing state of mind at the time of execution of Will - There is a reason stated for such exclusion of plaintiff in Will - Plaintiff is found to have no partible claim over properties of her father, which by a Will have been bequeathed to other siblings of plaintiff -..........
Adverse possession -- Plea of adverse possession is a fact-intensive claim that must be specifically pleaded and proved at the trial stage...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - If the damage is caused by fire, then the reason by which fire took place becomes irrelevant...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Fire took place in the factory of appellant which caused a huge loss to appellant - Loss occurred on account of transformer being set ablaze and fire could not be controlled for about 6 hours - On the intervening night some miscreants entered the factory and committed burglary..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
