Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Male child was delivered after six and a half months of gauna (marriage ceremony) - DNA testing was done with consent of wife and due procedure was adopted - Sample was taken in the presence of the Presiding Officer of Family Court and two witnesses - DNA test report specifically..........
Custody of child -- Claimed by father - Mother of girl child died due to COVID infection - Father gave custody of child to sisters of deceased wife/respondents - Child who lost her mother at tender age cannot be deprived of company of her father and natural brother - Merely because of unfortunate circumstances faced by father as a result of which respondents were given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Expeditious disposal of case -- Suit not decided within ten months inspite of direction by Appellate Court - Direction issued to trial Court to decide the suit finally within a period of one year from the date of receipt of certified copy of order of High Court...........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Mutation -- Writ petition against order passed in mutation proceedings - Generally, not maintainable...........
