Family settlement -- A family settlement is not a transfer of property - Decree passed in pursuance of bona fide family settlement cannot be interfered with...........
Specific Relief Act, 1963, Section 20 -- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of certain conditions and subject to..........
Specific Relief Act, 1963, Section 20 -- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of certain conditions and subject to..........
Motor Vehicles Act, 1988, Section 149, 147(1)(b) -- A jeep insured to carry six passengers - Jeep was carrying 15 persons - Jeep fell into a ditch causing death of 7 persons and injuring others - Held, liability of Insurance Company to pay compensation was limited to six persons - However, Insurance Company directed to pay entire amount of compensation awarded by Tribunal..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere irregularity in the service of summons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was published did not have a wide..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Decree of trial Court - Appellate Court should not modify it by a cryptic order without taking note of all relevant aspects, otherwise such judgment and order would be liable to be set aside...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Granted by converting petition u/s 13(1) (ia) to one u/s 13-B of the Act - Wife undertakes to withdraw all cases filed against husband and his family members - Wife also undertakes not to claim any maintenance for her daughter or for herself - Custody of daughter will continue with wife...........
Natural justice -- One of the orders challenged in High Court - Adjournment granted - Operation of order not stayed by High Court - Arbitrator proceeded with the matter - Appellants proceeded ex parte when they did not participate in the arbitration proceedings - Held, appellants cannot claim that they were denied reasonable opportunity of hearing...........
