Protection of Women From Domestic Violence Act, 2005, Section 26 -- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
Hindu Marriage Act, 1955, Section 12, 5(iii) -- Annulment of marriage - Marriage in contravention of age eligibility - Petition by husband - Marriage solemnized in contravention of S.5(iii) of the Act i.e before the parties attains marriageable age is neither void nor voidable and cannot be declare a nullity - Application u/s 12 of Act held, rightly dismissed...........
Agreement to sell -- Specific relief - Grant of relief of specific performance is discretionary and parties cannot claim it as a matter of right although it is lawful but such discretion should be exercised judicially and prudently. (Specific Relief Act, 1963, S.20)...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
Hindu Succession Act, 1956, Section 8 -- Self acquired property - Hindu male dying intestate - Plaintiffs and defendants being daughters and sons of deceased entitled to take equal shares u/s 8 of the Act - Defendants failed to prove Will as asserted by them, thus parties entitled to equal share of property irrespective of their date of marriages...........
Document -- Not signed by any of the parties - Receiving such document in evidence particularly when possession of suit schedule property is alleged to have been delivered under that document - As per definition of document u/s 3 of Evidence Act anything can be a document which conveys a meaning or an indication, but it is nowhere stipulated that to become a `document' it..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income tax returns of husband taken into consideration while granting interim maintenance - Wife having degree and preparing for Phd. - Without evidence being led by parties, conclusion about their income cannot be drawn - But looking to necessity to meet day to day expenses by wife,..........
Registration Act, 1908, Section 49 -- Non-registration of tenancy - Effect of - In the absence of registered instrument, Courts can determine the factum of tenancy from evidence on record as well as from conduct of parties...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of illicit relationship levelled by wife in written statement - Wife failed to prove any illicit relationship between husband and his widowed sister-i, law - It amounts to cruelty - Award of decree of judicial separation set aside and marriage between parties..........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice of eviction - Plaintiff inducted defendant as sub-tenant of suit premises - By issuing first notice plaintiff terminated the lease - However, in the mean time settlement arrived at between parties and plaintiff permitted defendant to remain in premises, as it was agreed between parties that entire arrears of..........
