Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 27 -- Custody of minor children - Jurisdiction - Minor children taken away from their place of residence in Gurgaon (Haryana) to District Alwar (Rajasthan), three months prior to filing of the petition - Court is required to adjudicate the issue regarding jurisdiction on the..........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Hindu male died intestate leaving behind a female heir specified in Class-I of Schedule of the Act and there existed a Hindu Undivided Family (HUF) - Consequently, in view of S.6 of the Act on death of Hindu male there was deemed to have taken place a partition in family with such shares falling to parties..........
Succession Act, 1925, Section 295 -- Will - Probate petition - Contentious case - Once proceedings become contentious, it is not open for Court to proceed with the matter in a summary way and allow parties to prove Will in common form...........
Succession Act, 1925, Section 278, 235 -- Will - Probate petition - All Legal heirs not arraigned as parties to petition - Testator had left behind five sons and three daughters - But petitioners have not made all legal heirs of testator parties to proceedings nor have they taken any citation to legal heirs of deceased - It was therefore, incumbent on petitioners to..........
Arbitration and Conciliation Act, 1996, Section 2(1)(c), 34 -- Interim award - Disposal of issue of limitation finally between parties by arbitrator amounts an interim award within meaning of S.2(1)(c) of the Act and being subsumed within expression arbitral award - Said interim award can be challenged separately and independently u/s 34 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Vague allegations of cruelty and desertion made against wife - Merely because marriage between parties has broken down on account of separation of parties, is not a ground for divorce - Evidence on record shows that husband also lodged complaints against wife..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Offence u/ss 406, 498A, 384 IPC - Admittedly, marriage between parties have been dissolved u/s 13-B Hindu Marriage Act - Continuation of proceedings against petitioners despite the fact that marriage of the parties stands dissolved long back by mutual consent with categoric concession of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife committed suicide after hearing news regarding second marriage of her husband - Husband not liable for such act of wife, particularly when parties are living separately for the last 10 years - Such act would amount to an offence of bigamy but by no stretch of imagination it can be construed instigation to..........
