Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandson - Specific recital in transfer deed that transfer is subject to condition of maintaining senior citizen - But, not even a single instance has been pointed out in application that respondent No.5 who used to maintain senior citizen now stopped..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Merely because procedure to appoint an arbitrator provided in arbitration clause has become inoperative due to subsequent changes in statutory provisions, would not mean that core of contract referring dispute for adjudication to arbitrator is rendered nugatory - Appellant is entitled to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Period of limitation to file an application u/s 11(6) of the Act would start from 21.04.2018 i.e. 30 days from date of submission of bill, as submitted by appellant and an application for appointment of arbitration ought to be filed within 3 years from such date i.e. on or..........
Partition suit -- Settlement deed - Father of plaintiff and defendant Nos.2 to 4 executed a registered settlement deed in their favour and by virtue of said settlement deed, plaintiff is having 1/4th undivided share in suit property - However, defendant Nos. 2 to 4 alienated entire suit property to defendant No.1 under a registered sale deed - Defendant No.1 also without..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - Power of tribunal to award interest would operate if it is not otherwise agreed by parties - If there is an agreement between parties to contrary, arbitral tribunal would lose its discretion to award interest and will have to be guided by agreement between parties...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Arbitral tribunal awarded interest in terms of MOU from date of cause of action till date of repayment as per S.31(7)(a) of the Act - As the arbitral tribunal had expressly provided interest till date of repayment, question of additional or compound interest u/s 31(7)(b) of the Act would..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Once parties agree on interest regime, arbitrator's role is confined to enforcing it and Courts would not rewrite or enlarge award by introducing further interest at execution stage...........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
