Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Marriage in which bridegroom is below 16 years old cannot be declared void or voidable u/ss 11, 12 of the Act...........
Custody of major daughter -- Claimed by father - Writ of heabeas Corpus - Daughter of petitioner solemnized marriage with his own uncle (Fufa) who falsely declared himself to be unmarried in marriage certificate in order to marry her - Even, daughter of petitioner has falsely stated in marriage related documents that respondent is unmarried - Nobody was present in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that gift deed is null and void and permanent injunction - Plaintiff alleges that gift deed is not a result or fraud and misrepresentation - Onus was upon plaintiff to prove the same, but plaintiff miserably failed to demonstrate and prove this fact - Concurrent findings of Courts below that..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens as provided u/s 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of parties to the pending litigation and subject to any direction that Court may pass thereunder...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
Agreement to sell -- Specific performance - Agreement in question entered without obtaining prior permission by Government servant is void being opposed to public policy as contemplated in S.23 of Contract Act - Relief of specific performance rightly denied. (Contract Act, 1872, S.23)..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Hindu Marriage Act, 1955, Section 7, 8 -- Marriage - Validity - Certificate issued by Vadik Jankalyan Samiti (Regd.) in the absence of any indication as to the rites and customs that were performed and as to whether the requirements u/s 7 of the Act was complied with would not be a certificate evidencing a Hindu marriage - Said certificate thus, declared null and void -..........
