Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1) -- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother-in-law - Eviction order against daughter-in-law - Daughter-in-law has no right in the house of mother-in-law who lodged a complaint against daughter-in-law, which is pending between parties - Moreover, no evidence placed on record to claim ownership of house by..........
Evidence Act, 1872, Section 65(f), 65(e) -- Secondary evidence - Photocopies of documents - Photocopies exhibited are not public documents - They all are communications between parties and accounts maintained by bank - S.65(e) of the Act thus, not applicable - Though seal and signature of Manager on those photocopies mentioned it as certified copies, in fact it does not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Denying conjugal relationship and insistence for setting up separate home, amount to cruelty to husband - Moreover, continuous separation for past 26 years goes to show that there are no chance of reunion between parties - Marriage between parties has become dead and there is no..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - No willful desertion by wife proved on record - As regarding cruelty, daughter of parties stated that behaviour of her mother with her father was cruel and number of times she misbehaved with her father - Even husband stated that wife does not want to live with his mother and wants..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7 -- Jurisdiction of civil Court - Suit for declaration - Widow of deceased claiming certain rights on share of deceased in business - It is neither a family dispute, nor it is arising out of marital relationship nor parties to dispute connected through marriage - Defendants are totally third parties..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant - Accused remained dormant for a considerable period despite appearance of complainant, as such, Court cannot excuse deliberate omission of accused - However, for doing real and substantial justice qua both parties, High Court permitted accused to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife not willing to reside with husband - She also suggested that her mother-i, law should be sent to old aged home or that parties may reside separate without obtaining divorce - Wife appears to be indifferent and casual towards matrimonial obligations - Husband is entitled to decree of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sustained unjustifiable conduct and behaviour of wife towards husband and his family members has rendered his life miserable - Soon after marriage within a span of three to four months wife addressed complaint to police making allegations of illegal demands or dowry - Even various..........
Evidence Act, 1872, Section 45 -- Expert opinion - An expert is known for his capability to arrive at conclusion even by taking note of undisputed writing irrespective of time gap between date of sample and date on which disputed document was signed - Opinion expressed is not conclusive in nature and parties to litigation can certainly put forward their contentions in..........
