Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an instrument issued or registered as it is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said prayer was already made in earlier suit filed by plaintiff which was withdrawn without permission of Court to withdraw the suit with liberty to institute fresh suit - Plaintiffs thus, precluded from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of suit - Amendment not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said relief barred by law of limitation - Suit can be instituted after expiry of prescribed period of limitation with exemption from limitation law U.O.7.R.6 CPC - There is no such prayer and pleading on behalf..........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Managing Director of appellant could not have acted as an arbitrator himself being rendered ineligible to act as arbitrator, as there is arbitrator's relationship with parties, consequently any appointment made by him would be null and void - There is no express agreement..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Suppression of living spouse of husband of his earlier marriage - Husband at the time of marriage with wife stated to be divorcee - However, evidence on record shows that it was not in the knowledge of wife that husband did not get decree of divorce from his earlier marriage - Factum of living spouse of..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34 -- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........