Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Work contract - Agreement entered into between parties not intended to make arbitration clause as a part of contract between parties - There is no independent arbitration agreement between parties either - Remedy under the Act for appointment of arbitrator rightly not available...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of patta - Document cannot be prevented to be filed u/s 65 of the Act - Veracity of document can be ascertained by parties during further proceedings - Photostat copy of Patta held, permitted to be taken on record - Application allowed...........
Transfer of Property Act, 1882, Section 106 -- Cancellation of lease - Grounds on basis of which lease is required to be cancelled not given in show cause notice - Petitioners thus, have no opportunity to even counter/reply the notice - Moreover, cancellation of lease is done without initiating proceeding by leading evidence and allowing other parties to lead/rebut..........
Protection of Women From Domestic Violence Act, 2005, Section 27, 12, 17, 18, 19, 20, 22, 23, Indian Penal Code, 1860, Section 498A, 406, 34 -- Territorial jurisdiction - Complaint u/ss 27, 12, 17, 18 to 20, 22 & 23 of PWDV Act and FIR u/ss 498-A, 406, 34 IPC - Quashing of complaint and FIR - Complainant is the aggrieved person who is resident of Delhi, where..........
Legal Services Authorities Act, 1987, Section 22(C)(2) -- Permanent Lok Adalat - Jurisdiction of civil Court - Bar as to - S.22(C)(2) of the Act, merely bars parties from invoking jurisdiction of civil Court in same dispute - It does not say that civil suit is barred...........
Legal Services Authorities Act, 1987, Section 22(C)(2) -- Permanent Lok Adalat - Jurisdiction of civil Court - Bar as to - Civil suit filed during pendency of dispute before Permanent Lok Adalat - S.22(C)(2) of the Act merely bars the parties from invoking jurisdiction of civil Court in the same dispute - It does not say that civil suit is barred - Suit not liable to be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife forcibly ousted from the matrimonial home - Wife educated but she is no more working - Husband claimed his gross income to the tune of Rs.3.63 lakhs as per income tax return - Wife must have spent a considerable amount to pursue divorce petition filed by husband - Taking into consideration the status..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Court cannot refuse to exercise jurisdiction u/s 7 of the Act on grounds of expediency or convenience or propriety or choice of parties who invoke jurisdiction of such Court...........
Guardians and Wards Act, 1890, Section 9 -- Jurisdiction of Court - Custody of children - `Ordinarily resides' - Both the parties were staying in US before marriage - Minor children were born to them in US and they are US citizens - Admittedly, mother of children herself invoked jurisdiction of US Court seeking primary custody of children - Children were shifted to India..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Love marriage-cum-arranged marriage between parties - Wife was physically tortured to the extent that she was compelled to file a criminal case against husband and his family members - Husband has shown no interest in contesting appeal, as he opted not to appear and contest appeal so as..........
