Indian Contract Act, 1872, Section 55 -- Time essence of contract - Agreement to sell clearly shows that during period after signing agreement, vendor had no right to sell property to anybody else - Agreement thus, imposed strict obligations on both parties - Execution of extension agreement coupled with clauses in the main agreement to sell leaves no doubt that time was..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties living separately since 2008 i.e for the last 10 years - Despite efforts for re-conciliation, they unable to resolve their differences - It is thus, a case of irretrievable breakdown of marriage - Marriage of parties dissolved by passing a decree of divorce...........
Limitation Act, 1963, Article 112 -- Limitation - Recovery suit - Suit by or on behalf of Government - Suit filed in the year 2003 for recovery of money due to Central Government - BSNL which came to be incorporated by Department of Telecommunication with effect from 2000 is prosecuting suit founded on cause of action of Central Government - Suit therefore is deemed to be..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of minor - Not only prima facie case but also balance of convenience from the point of view of the ward should be considered while granting interim custody in terms of S.12 of the Act - Application for interlocutory order ought to be considered on merits by Family Court on the basis of affidavits and documents..........
Criminal Procedure Code, 1973, Section 311 -- Recall or re-examination of a witness - Offence under NDPS Act - Re-examination of PWs 1 & 2 for limited purpose of identification of case property since both the witnesses were members of patrolling party in whose presence alleged contraband was recovered from exclusive and conscious possession of accused - Factum with regard..........
Succession Act, 1925, Section 387 -- Proceedings for grant of succession certificate - Summary in nature and would not be final and binding between parties in a regular suit - Such findings are only for the purpose of deciding small controversy between parties i.e grant of succession certificate - Decision of Court under part X of Succession Act under which succession..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marital discord - Parties living separately since 2011 - 23 civil and criminal cases pending in between the parties - Parties finally resolved their entire dispute - All civil and criminal litigation in between parties put to an end - Waiting period of six months waived - Marriage dissolved by passing..........
Family Courts Act, 1984, Section 9 -- Settlement - Duty of Court - Court has a duty to make an endeavor to assist and persuade parties in arriving at a settlement - Jurisdiction is not just to decide a dispute, on the contrary, Court also has to involve itself in process of conciliation/mediation between parties for assisting them not only to settle the disputes but also..........
Evidence Act, 1872, Section 45 -- Second expert opinion - No prohibition under law for obtaining second expert opinion if either of parties to suit intend so - Further, there is no bar to take opinion of a second expert without setting aside earlier report...........
Evidence Act, 1872, Section 45 -- Expert opinion - Procedure for obtaining expert opinion - S.45 of the Act does not provide any procedure for obtaining expert opinion - Normally, Courts on the application of parties, send documents for expert opinion...........
