Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of operation of arbitral award - Nature of security to be deposited - Petitioner depositing title deed of land of value more than that of award, is acceptable - It is not necessary that security for stay of arbitral award must always be in cash or bank guarantee...........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Protection to Life and Liberty -- Contractual live-in-relationship - Girl aged 18 years and boy aged 19 years - Such type of deed is not permissible in law - Moreover under the provisions of Prohibition of Child Marriage Act, 2006, boy is not competent to perform marriage and as such he is not competent to have a live-in-relationship by stating in the deed that it is not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 10 -- Cancellation of settlement deed in favour of sons - No provision in settlement deed for basic amenities and basic physical needs to the settlers - Tribunal did not attempt to conciliate dispute as mandated u/r 10..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Jurisdiction of Revenue Divisional Officer - Father gifted his land to his sons - When sons neglected to maintain their father in old age, he filed application before RDO seeking cancellation of gift deeds - However, during course of proceedings consent award was..........
Civil Procedure Code, 1908, Section 47 -- Execution - Money decree - Objection by JDs - Objection raised by JD in regard to non-registration of reconstitution of partnership deed does not fall within definition of `questions' as contemplated u/s 47 CPC - Rejection of execution petition set aside - Execution petition restored...........
Calcutta Thika Tenancy Act, 1949, Section 2(5) -- Thika tenant - Registered lease deed executed in favour of respondent for a period of 20 years - However, definition of Thika tenant will have no application to lease beyond 12 years period - Declaration in favour of respondent on that basis cannot stand being a manifest error apparent on face of record and also contrary to..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Unregistered - However, same an admitted document - It is admissible in nature for proving the status in which defendant is occupying the suit property...........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
