Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Must be sufficient to identify it - Property can be identifiable by boundaries, or by number in a public record of settlement or survey - Even by plaint map showing the location of the disputed immovable property, it can be described...........
Suit for possession - - Suit property was originally owned by father of plaintiff which he bequeathed in favour of his two sons from second wife on basis of an earlier family settlement - From record it is evident that plaintiff and his mother separated from father by taking their share from other family properties - Plaintiff failed to show how father lacked any authority..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant - Allegation of Dowry demand and Cruelty - Matter was also referred to mediation Centre for amicable settlement but petitioner miserable failed to settle dispute nor resumed cohabitation despite adequate opportunities - On this ground also petitioner not entitled..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 3(q), 26 -- Jurisdiction of Civil Court - Relief sought by petitioner was for declaration, being one of the legal heirs of deceased as his mother - Declaration does not amount to settlement/adjudication which is adjudicated by an authority u/s 26 - Held, Question of Person is `legal heir' or not essentially falls within..........
Consent decree -- Family settlement - Of immovable property of a value greater than Rs.100/- - If it relates qua ancestral property then decree does not require compulsory registration - If it relates qua self acquired property then it requires compulsory registration, since it creates for the first time, right, title or interest in immovable property. (Registration Act,..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Parties entering into settlement - Quashing of proceedings - Not a fit case for exercise of discretion under the extra ordinary powers u/s 482 Cr.P.C. on the ground of settlement - Petition dismissed. (Para11 & 12)..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Insurance policy - When payment is accepted in full and final settlement of claim and letter of subrogation and discharge is signed, bald plea of duress, coercion and undue influence cannot be taken by invoking S.11 of Act as no arbitrable dispute existed between parties - High Court was not..........
Service -- Termination - Reinstatement - Respondent worked for a period of just 18 months that too nearly three decades ago - Transport department where respondent was working wound up - Reinstatement of respondent in service does not appear to be an acceptable option - Court can direct compensation in lieu of reinstatement where such termination is found to be illegal -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce - Petition for divorce treated as one filed u/s 13-B of the Act - Efforts made for settlement failed for last more than six years - Parties now reached settlement to get themselves separated - Decree of divorce granted by treating the petition for divorce as one filed u/s 13-B of the Act...........
