Arbitration and Conciliation Act, 1996, Section 8, 11 -- Appointment of arbitrator - Four separate agreements entered into between parties - Provision for arbitration contained in Clause 20 is similar in all agreements - Considering nature of issues involved being mainly with regard to conversion of preference shares into equity shares and formula to be worked, dispute can..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Divorced wife would not be entitled to right of residence conferred u/s 17 of the Act, as right being available only to a woman in a domestic relationship...........
Protection of Women From Domestic Violence Act, 2005, Section 19, 17(2) -- Right of residence - Divorced wife who is continuing in shared household at the time of divorce though entitled to seek for a residence order u/s 19 of the Act, can continue only till she is evicted by due process of law - However, residence order passed in such cases, would be subject to any..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 17(2) -- Shared household - Divorced wife - There can be no order to put a divorced woman in possession of a shared household from where she had separated long back and relief can only be of restraining dispossession...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Granted from date of order - Magistrate not assigned any reason for not granting maintenance from date of application and for granting relief only from date of order - Husband remained ex parte - Maintenance case filed in the year 2014 and impugned order passed in 2017 - Impugned order..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Appellate Court remanded matter to trial Court - Findings of Appellate Court are not based on report of Probation Officer which is not available on record as alleged by petitioner - Appellate Court remanded matter after considering material on record - No interference warranted in..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Economic abuse - Denial of maintenance allowance to wife causes `economic abuse' to her within meaning of S.3 of Domestic Violence Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegation of domestic violence is sine quo non for pursuing a petition under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Monetary relief - Wife made out a good case justifying her separate living - Admittedly, wife is a housewife and she has no source of earning whereas husband draws monthly salary of Rs.49,000 excluding all deductions - Denial of maintenance allowance to wife causes `economic abuse' to her within meaning of..........
