Evidence Act, 1872, Section 45 -- Expert opinion - Family settlement - Expert evidence adduced by the plaintiff cannot be of much consequence to establish the due execution of the family settlement and to explain the suspicious circumstances surrounding it as expert evidence cannot substantiate the execution of the document...........
Evidence Act, 1872, Section 17 -- Admission - Family settlement - In the instant case, defendant initially in his part cross-examination has stated that the signatures on the family settlement looks like his signatures, but at the same time he also added that these are not his signatures - Hence, there is no admission on the part of the defendant that the family settlement..........
Registration Act, 1908, Section 17 -- Family settlement - Compulsory registration - When a document is compulsorily registrable, but same is unregistered, then same will be inadmissible in evidence and will not convey any right, title or interest in the suit property in favour of the plaintiff...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Court also did not made effort for settlement of dispute, which is mandatory requirement of S.9 Family Courts Act and O.32-A.R.3 CPC - Mandatory provisions of..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59 -- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections raised by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition by wife u/ss 18 & 20 of the Act - Joint application for divorce containing unilateral undertaking by wife that she will not claim money, ornaments or future maintenance - Nothing to show that this was in consideration for a..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition by wife u/ss 18 & 20 of the Act - Joint application for divorce containing unilateral undertaking by wife that she will not claim money, ornaments or future maintenance - Nothing to show that this was in consideration for a..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of circumstances/material mentioned therein...........
