Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
Custody of child -- Claimed by mother - Mother being natural guardian of a minor has a preferential right to claim custody of her son - However, utmost consideration is well being of minor and not legal right of a particular party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Compromise - When a dispute in a pending civil case is referred to Lok Adalat and settled, entire Court fees paid is liable to be refunded - Deduction of 7% Court fee is clearly unsustainable when settlement of dispute, passing of award and consequential refund of..........
Civil Procedure Code, 1908, Order 27, Rule 1 -- Suits by or against Government - Authorization to sign and verify papers, affidavits and vakalatnama - Only officers appointed by Government U.O.27.R.1 CPC can sign and verify papers, affidavits and vakalatnama in legal proceedings - Said power cannot be delegated to any other officers, not appointed by Government...........
Transplantation of Human Organs and Tissues Rules, 2014 -- Kidney transplantation - Admittedly, petitioner and her husband are not foreign nationals - Authorization committee has only rejected the case of petitioner for kidney transplantation due to short duration of marriage - Evidently, duration of marriage is not a ground to discard willingness of one of spouse to..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Trial Court dismissed the petition to discharge by holding that disputed question of fact and plea of defence taken by accused cannot be taken into consideration at the pre-trial stage - No legal flaw or infirmity in the impugned order of trial Court...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
