Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - No evidence on record that wife has an intention to bring cohabitation permanently to an end without reasonable cause and consent of husband - Wife stated that she want to come back with her husband and resume cohabitation - Ground of desertion not proved - Divorce petition rightly..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - For attracting S.406 IPC, sine qua non is initial entrustment of property with free consent of prosecutor...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent is a sine qua non for passing decree for divorce u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition for divorce by mutual consent must be presented by both the parties and has to meet three basic requirements viz. : (i) that they are living separately for a period of one year or more; (ii) they have not been able to live together; and (iii) they have mutually agreed that marriage should be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application u/s 13-B(1) of the Act not presented by parties but was presented by an advocate who was allegedly representing both the parties - Husband filed affidavit after direction to appear before Court by trial Court - However, wife was not present before Court - Wife not signed motion filed by..........
Constitution of India,1950, Article 14 -- Tender - Rejection of bid - Petitioner failed to submit any NOC to the effect that the offered tank lorries were not running under any OMC regular contract - Moreover, false undertaking is given that tank lorries so offered under contract to BPCL had not been either withdrawn from any other contract with any other oil company..........
Indian Penal Code, 1860, Section 304A, Constitution of India, 1950, Article 21 -- Death by negligence - Medical negligence - Before surgery neither any consent was obtained from the patient nor there is any material on record to suggest that she was personally ever made aware about fatal consequences - Although, petitioner has tried to justify factum of consent while..........
Possession -- Continuation of possession beyond period specified by grantor or recognized by law is not treated as a lawful possession - On expiry of lease, if landlord does not consent to the lease being continued, possession of such tenant is not lawful possession - Nature of possession being not lawful would entitle the landlord to regain possession...........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
