Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Service of notice u/s 106 of Transfer of Property Act and validity of service are issues of facts, which cannot be considered in a second appeal, as second appeal contemplates consideration of substantial questions of law and not mere questions of law...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 216 -- Quashing of order - Order allowing alteration of charges - Charges have been altered only on examination-in-chief of complainant without providing an opportunity to accused to cross-examine the complainant - Impugned order set aside - Matter remanded for fresh..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Arbitration and Conciliation Act, 1996, Section 36, 37 -- Execution - Arbitral award - Executing Court cannot defer the consideration of execution application and objections thereto only because an appeal u/s 37 of the Act is pending and when there is no interim order operating against award against which objection u/s 34 of the Act stands rejected - Question of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately at her parents house place at `S' due to matrimonial dispute - Maintenance case u/s 125 Cr.P.C is filed at the place `S' - Husband also attending the Courts proceedings before Court at `S' - Convenience of wife has to be taken into consideration than that of..........
Insolvency and Bankruptcy Code, 2016, Section 62 -- Apartment buyers agreement - Delay of handing over possession - Appellants are bona fide home buyers having booked an apartment with Corporate Debtor as far back as 2010 and having executed a Buyer's Agreement in 2011 and paid nearly entire consideration - Claim of appellants duly verified and admitted by Resolution..........
Service -- Misconduct - Compulsory retirement - Respondent was beneficiary of misconduct/irregular loan sanction - Enquiry Officer as well as Disciplinary Authority had taken into consideration the evidence available on record and had come to conclusion that respondent was found guilty of charges levelled against him - Appellate Authority had also revisited the evidence..........
