Arbitration Act, 1940, Section 30 -- Power of arbitrator to decide in given case their own jurisdiction to adjudicate dispute is not wholly taken away but is subject to final decision by Court...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Theft - Not disputed that on 11.03.1991 when the jeep was being driven between Orai and Jhansi at about 9:30 P.M. some unknown persons killed the driver and took away the jeep and the dead body of the driver was found on 13.03.1991 - Complainant had lodged the report at the Police Station and informed the..........
Civil Procedure Code, 1908, Section 9, 11 -- Possession - Finding of Revenue Court - Order of the Revenue Court allowed to become final - No specific challenge to the order of Revenue Court - Cannot be ignored in civil proceedings...........
Punjab Tenancy Act, Section 84 -- Revision-Plea that case should be remanded to Commissioner to decide the same on merits-Not tenable-Commissioner if of the opinion that order or decree made should be modified or reversed, he shall submit the records with his opinion that order or decree should be modified or reversed-Final orders have to be passed by the Financial..........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Partition Act, 1893, Section 4 -- Dwelling house belonging to undivided family - Suit for partition - Final decree passed - S.4 can be pressed in service in execution proceedings arising out of a final decree for partition, by one of co-owners against a stranger transferee of a share therein - Held, S.4 in its applicability covers all stage of litigation in a partition..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Land Acquisition Act, 1894, Section 4(1), 17(4) -- Nature of land - Not neces-sary to be included in notification u/s 4 - S.4(1) does not envisage specification of nature of land - Pragmatic approach is to be adopted - Publication of notification under S.4(1) in Gazette as well as in the locality is mandatory - In the instant case there was no publication in the locality..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance for children during the pendency of litigation and after final decree - A specific right has been granted to the children to claim maintenance in their own right under S.26 of the Act - Even mother can claim maintenance on behalf of minor children alongwith her maintenance claimed under S.24 - Scope of Section 26 is..........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Challenge to order finalising partition-Meanwhile instrument of partition prepared and sanctioned-Partition became final with sanctioning of instrument of partition-Instrument of partition enforceable like a decree of a Civil Court for immovable property-Proceedings in appeal and revision against order finalising..........