Haryana Urban Control of Rent & Eviction, 1973, Section 13 - - Eviction - Sub-letting - Respondent No.1 is admittedly a cloth merchant and respondent No.2 is allegedly a tailor master and is occupying some portion of demised premises with consent of respondent No.1 but without consent of landlords - Held, even if it is presumed that respondent No.2 is a tailor master and..........
Will -- Cancellation - Legality - In the Will it was stated that both executants i.e. "R" (husband) and "H" (wife) were owners and both executants could change the Will by mutual consent - Clause-2 states that after death of one of the executants, remaining executant would remain complete owner of the entire property till his/her life time, however he/she would not be..........
Agreement to sell -- Specific performance - Plea that 18 years expired since the execution of agreement and prices increased manifold and comparative hardship to the parties be looked into and that it is not such a case in which discretionary relief for specific performance should be granted - Held, it were defendants who were in haste in unilaterally repudiating the..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Putting date on cheque - Whether a material alteration? - Held, generally, any material alteration of a negotiable instrument renders document void as against anyone who is a party thereto, at the time of making alteration and does not consent thereto, unless it is made in order to carry out common..........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A and 406 of IPC - Matrimonial dispute - Quashing of charge-sheet and proceedings - Settlement arrived at between the parties and marriage stood dissolved by mutual consent - Entire settled amount has been received by wife - She is no more interested to pursue the matter - She has no objection if FIR is quashed..........
Guardians and Wards Act, 1890, Section 7, 8, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Custody of minor children - Divorce between parties - Custody of two daughters aged 17 years and 11 years - Children living with father and categorically stating that they do not want to go with mother - Children cannot be forcibly handed over to mother as it will..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by..........
Transfer of Property Act, 1882, Section 123, Consent decree -- Oral gift - Validity of - Alleged oral gift pertained to June 1954 - Revenue entries clearly demonstrate that possession of plaintiff as owner being in cultivating possession continued to be recorded till the year 1976 - Held, alleged oral gift made in year 1954 without possession would remain ineffective..........
Transfer of Property Act, 1882, Section 123, Consent decree -- Grounds of challenge - Consent decree can be challenged not only on grounds available under Contract Act, such as, fraud, mistake or misrepresentation but also on any of the grounds available under any other law which prohibit such a contract or declare it to be ineffective so far as transfer of any rights in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping - Rape - Consent - Proof - Prosecutrix went with appellant voluntarily and did not make any annoyance at any time wherever she resided with appellant and performed intercourse with him - Only after tracing her out by police in connection with report of missing person, she stated to police some ingredients of offence..........
