Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Condition precedent to perform an act by wife - Court cannot pass such an order...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Interim relief can be granted merely upon satisfaction that application by wife prima facie discloses commission of domestic violence - Veracity of case of wife would be tested during course of trial...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no specific bar/restriction under the provision of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of criminal case - In the absence of any bar under NDPS Act and in view..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - While exercising jurisdiction u/ss 34, 37 of the Act, Courts cannot modify an arbitral award...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - Application for quashing sanction order cannot be entertained when prosecution had already examined seven witnesses...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - High Court should not have quashed sanction order and consequent proceedings unless it was satisfied that failure of justice had occurred by such error or irregularity or invalidity - Order of quashing of sanction order set aside...........
Tamil Nadu Societies Registration Act, 1975, Section 30 -- Amalgamation of two societies - Prior approval of District Registrar before passing Special Resolution and two societies amalgamating having same objectives, are not pre-conditions/mandatory conditions for amalgamation of societies...........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........