Hindu Adoptions and Maintenance Act, 1956, Section 20, 3(b) -- Maintenance to daughter - Father is under an obligation to maintain his daughter and even to get them married - Obligation to maintain the daughter and get her married is said to be personal in character and arises from the very existence of the relationship...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque was issued by petitioner in the name of Proprietorship firm - Since a proprietary concern is not a separate entity from the proprietor it may not be necessary to array proprietory concern separately - Though, liability incurred by petitioner is in the personal capacity, but..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Death of husband before submission of second motion - Moving of second motion u/s 13-B(2) of the Act is a sine qua non for passing a decree of divorce by mutual consent - Cause of action would not survive to mother and brothers of deceased, as right to seek divorce was a personal right of deceased -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Counsel cannot be given liberty to argue a fact before Court based upon his personal knowledge which is not part of pleadings - To bring any new facts before Court, an affidavit is required to be filed by plaintiff or defendant, as the case may be, alongwith opportunity of rebuttal to other side...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Custody of child -- Claimed by mother - Writ of habeas corpus - Mother was forcibly ousted from her matrimonial home and child was less than 2 years at that time - Father of child is living abroad - Child was stated to be with her grand mother an elderly lady - In case of female child of 2-1/2 years, her biological mother would be legally entitled to her custody as per..........
Special Marriage Act, 1954, Section 4 -- Marriage - If marriage is performed under Special Marriage Act, then such marriage cannot be challenged on the ground of non-performance of mandatory rituals - However, marriage under the Act would not legalise the marriage which otherwise is prohibited under personal law...........
Marital discord -- Personal Presence of parties in Court - Petitioner No.2 suffering from severe medical conditions - If Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through virtual mode ought to have been made ...........
Marital discord -- Personal Presence of parties in Court - Petitioner No.2 suffering from severe medical conditions - If Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through virtual mode ought to have been made ...........
