Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Does not require registration even if it creates title in respect of immovable property of value of Rs.100/- or more provided that it is subject matter of suit...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Settlement arrived at between parties in Mediation proceedings - Parties entitled for decree of divorce on payment of permanent alimony by husband to wife as settled between parties - Since entire amount of permanent alimony is paid by husband to wife, marriage between parties dissolved by..........
Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent given for divorce by mutual consent can be withdrawn by one of parties before Court grants decree of divorce by mutual consent and when said consent is withdrawn, Court cannot pass a decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by husband - Consent given can be withdrawn by one of the parties before Court grants decree of divorce by mutual consent - Dismissal of petition for divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree passed challenged in appeal alleged to be result of fraud, misrepresentation and undue influence and coercion - Wife after making her first motion statement travelled to U.K. - There was no compelling reason or any pressure on her to return to India to make her second motion statement - Petition..........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - Appeal against - No appeal lies against consent decree...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence without consent of complainant - Court can order compounding unilaterally, as object of provision is primarily compensatory and punitive element is mainly with object of enforcing compensatory element - Offence permitted to be compounded...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Atta chakki in a thickly populated area - Creating nuisance to general public - Mere fact that electricity connection for atta chakki was got released by petitioner in the year 2001 with consent of certain neighbours does not mean that all residents and general public in that area had condoned nuisance created..........
Indian Penal Code, 1860, Section 376, 451, Evidence Act, 1872, Section 114A -- Rape - Absence of consent - Presumption as to - Victim stated that accused had gagged and forcibly undressed her to have sexual intercourse and when she cried he threatened to kill her and then gave assurance to marry her - Factum of incident gets support of her disclosure before her mother and..........