Hindu Marriage Act, 1955, Section 13B, 13 -- Divorce by mutual consent - Compromise during pendency of appeal filed against dismissal of petition for divorce - Petition for divorce by mutual consent filed - Appeal ordered to be converted into petition for divorce by mutual consent - Statement of parties recorded - Six months waiting period waived in view of the fact that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Actual probable reason for matrimonial discord between parties is one girl, but unfortunately neither party laid any foundation in their pleadings regarding said girl - Husband did not plead that wife started alleging against him that he was having some relations with said girl,..........
Agreement to sell -- Suit for specific performance - Time essence of contract - Parties agreed that till the last day of month, terms of agreement would have to be complied - This does not mean that after last day mentioned in agreement, contract stands terminated - Cause of action will start only when contract was not honored by either of parties - Time therefore, was not..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Applicability of Act - Muslim Wife - Merely because parties being governed by Muslim Personal Law is not an impediment in wife invoking jurisdiction of Court under provisions of PWDV Act - There is no embargo on the Court to confer relief on women who is an `aggrieved person' within scope and meaning of..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 26 -- Interim maintenance - Divorced Muslim wife - Husband pronounced Talaq - However, factum of Talaq not proved by husband and merely because Talaqnama is tendered in Court, marriage cannot be said to have been dissolved - Even otherwise, if marriage between parties is dissolved, husband cannot completely..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Four agreements - All the four agreements are interconnected - It is a case where several parties are involved in a single commercial project executed through several agreements - All the parties thus, covered by arbitration clause in main agreement - Dispute between parties to various..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Refusal - Four agreements - Allegation of fraud - Where serious questions of fraud are involved, arbitration can be refused - There is no serious allegations of fraud levelled in the present case - Only allegation is that appellant misrepresented by inducing respondents to pay higher price for..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Collusion between truck and car - Contributory negligence - Question of contributory negligence would arise when both parties are involved in accident due to rash and negligent driving - In the instant case, when car was following truck and no fault can be attributed to truck driver, blame must rest on driver of car..........
Special Marriage Act, 1954, Section 25(i) -- Annulment of marriage - Non-consummation of marriage - Petition by wife - Parties did not stay together even for a single day - No evidence brought by husband when he claims that there was sexual relationship - Wife on the other hand proved that marriage was not consummated - Marriage between parties declared as nullity due to..........
