Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Indian Penal Code, 1860, Section 34 -- Common intention - For S.34 IPC to apply there should be common intention between co-perpetrators which means that there should be community of purpose and common design or pre-arranged plan - However, this does not mean that co-perpetrators should have engaged in any discussion, agreement or valuation...........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Registration Act, 1908, Section 17(2)(v) -- Registration - Agreement in question did not create an interest in property, it only created a right to develop a way and a promise to provide a document in respect of property - Agreement thus, does not require registration...........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - When parents separate and there is agreement for custody of child with one of the parents and custody is taken over accordingly, then residence of that parent has to be treated as the ordinary place of residence of the child, however short that period may be, even if the child was with..........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Registration Act, 1908, Section 17 -- Registration - Clause in agreement of sale, which is compulsorily registerable, but not registered is not independent of or divisible from transaction in issue i.e sale of suit land - No clause of a document inadmissible in evidence for want of registration can be relied for any purpose including possession...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Issue of insufficiently or incorrectly stamped arbitration agreement can be finally decided at a later stage - Court cannot review or go into this aspect u/s 11(6) of the Act...........
