Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA in question merely authorises grantee to manage affairs of suit property which includes power to let out property on rent and create a mortgage of the same etc. - However, it is silent on the aspect of conveyance - Recitals of power of attorney would indicate the intent of grantor is to limit..........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife filed application for maintenance pendente lite only after husband filed petition seeking divorce, cannot be a valid ground to deny maintenance, particularly in view of fact that application u/s 24 of the Act, is maintainable during pendency of petition...........
Arbitration and Conciliation Act, 1996, Section 31(5) -- Arbitral award - Delivery of signed copy of arbitral award - Delivery to Assistant Engineer who was not a party to arbitration and who was not in a decision-making capacity to take further recourses on award would not be a valid service of award...........
Hindu Marriage Act, 1955, Section 7 -- Marriage - Performance of Saptapadi is not an indispensable requirement in every case to establish a valid marriage - S.7(2) of the Act only clarifies that where Saptapadi is a part of customary rites performed, marriage attains completeness and binding force with seventh step...........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Presumption of a valid marriage is not diminished simply because there is no direct or positive proof of ceremony of Saptapadi having taken place - On the contrary, if there is even some evidence showing that parties went through a form of marriage, presumption becomes stronger...........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of residence - Once marriage stands dissolved by a valid decree of divorce, domestic relationship comes to an end - Consequently, substratum upon which right of residence is founded no longer survives, unless a contrary statutory right is shown to persist...........
