Evidence Act, 1872, Section 107, 108, 3 -- Preponderance of probability - Son of petitioner missing since 13.11.1995 who was having insurance policy and he was declared dead by a declaratory decree of a competent Court - It was not necessary for him or his family members to pay premium of his life insurance policy to keep it alive - Insurance Company was therefore not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ground of personal necessity - Property had fallen to the share of the landlord on account of family settlement by decree of the Court - Family settlement means that the property belonged to the family, which would in itself show that the respondent had a pre-existing right in the property being a..........
Contract Act, 1872, Section 23 -- Family settlement - Fraud - Settlement was not contrary to any statutory provision or was not opposed to public policy - Court is not required to go into the question as to whether contents of settlement are correct or not - Only in a case where fraud on the party or fraud on the Court has been alleged or established, Court shall treat the..........
Contract Act, 1872, Section 23 -- Family settlement - Fraud - Settlement was not contrary to any statutory provision or was not opposed to public policy - Court is not required to go into the question as to whether contents of settlement are correct or not - Only in a case where fraud on the party or fraud on the Court has been alleged or established, Court shall treat the..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - No serious dispute between the parties when wife left the house of husband - Husband and his family members subjected to criminal prosecution and their arrest - Wife threatened the husband to ruin his family - Held, Court wrongly decreed the petition for restitution of conjugal rights...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Relief to set aside sale deed not sought - Relief sought that sale deed does not affect his right and title in the joint Hindu Family Property - In other words, sale deed may be binding interse the parties to those transactions, but the same does not affect the plaintiff's right - Order to affixed ad valorem..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 19 -- Decree of divorce - In appeal reversed by High Court without dealing with the reasons recorded and conclusions arrived at - Order of High Court quashed and set aside and the matter remitted to High Court to pass appropriate order afresh...........
Protection of Women from Domestic Violence Act, 2005, Section 26, 31 -- Wife seeking certain reliefs - Husband already filed matrimonial proceedings which are pending - Proceedings cannot be transferred to Family Court - Though Family Court where proceedings for judicial separation is pending is also empowered to address the grievance of Domestic violence, but wife may..........
Succession Act, 1925, Section 263 -- Caveatable interest - Meaning - Means an interest in the estate of the deceased to which the caveator would otherwise be entitled to, subject of course, of having a special interest therein - A tenant occupying the premises belonging to the testator has no caveatable interest in the property of the testator - A transferee pendente lite..........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 32, Rule 4, Family Courts Act, 1984, Section 10 -- Application u/s 125 Cr.P.C. filed by mother of unsound mind through her son-in-law - For purposes of S.125 Cr.P.C. Family Court is deemed to be civil Court and have powers of Civil Court - Held, application is maintainable...........
