Consent decree -- Creating right and title for the first time, recognising no pre-existing right in the property of the value of more than Rs.100/- - Registration is compulsory - If not registered, it confers no right or title upon its holder/plaintiff...........
Arbitration Act, 1940, Section 13 -- Interest - Pre-reference period - Issue sub-judice before Constitution Bench - As in the instant case proceedings pending for one and half a decade as such contractor to execute decree relating to award of pre-reference interest on furnishing bank guarantee - Appellant would be entitled to encash bank guarantee in case Constitution..........
Pre-emption suit -- Plaintiff deposited in Court pre-emption money pursuant to decree - Property undivided - Plaintiff in possession of undivided property along with other co-sharers - Title of property accrued to plaintiff from date of payment of pre-emption money - Delivery of actual physical possession not required - Vendee could not claim adverse possession on ground..........
Adverse possession -- Plaintiff deposited in Court pre-emption money pursuant to decree - Plaintiff moved revenue authorities for partition of joint khata - Defendant denied title of plaintiff - Plaintiff thereafter filed suit for declaration - Defendant raising plea that he perfected title by way of adverse possession as physical possession of property not taken after..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- A Proviso - Service by registered post - Non receipt of A.D. within 30 days - Where summons were properly addressed, pre-paid and duly sent by registered post acknowledgment due, Court may declare that summons have been duly served on the defendant notwithstanding the fact that the acknowledgment had been lost or mislaid or..........
Consent decree -- If title has been transferred to a person who had no pre-existing right in such property, such a decree requires stamp and registration...........
Mohammadan Law/Mohammedan Law -- Talaq Nama - The divorce must be preceded among Muslims by an attempt of reconciliation between the husband and wife by two mediators, one chosen by wife from her family and the other by the husband from his side - A Mohammedan husband cannot divorce his wife at his whim or caprice, divorce must be for a reasonable cause - It must be..........
Civil Procedure Code, 1908, Section 34 -- Pre-suit interest - Agency commission - Party liable to pay agency commission did not pay but used it for himself and had its benefit - Held, party is liable to pay interest for period prior to filing of suit...........
Hindu Succession Act, 1956, Section 14, Hindu Widow's Re-marriage Act, 1856, Section 2 -- Hindu widow was given properties, some with absolute right and others with a life estate in 1942 - Widow got remarried in 1953 - Life estate did not become absolute property by virtue of S.14 - In order to have provision of S.14 applicable there must be pre-existing right - Widow's..........
Indian Penal Code, 1860, Section 34, 149 -- Both the Sections are distinct and distinguishable - No pre-meditation or previous meeting of mind is necessary for applicability of S.34 of IPC - The existence of common intention can be inferred from the attending circumstances of the case and the conduct of the parties - No direct evidence of common intention is necessary -..........
