Insolvency and Bankruptcy Code, 2016, Section 21(1), 21(2) -- Committee of Creditors (CoC) - First meeting of CoC, which shall be held within 7 days of its constitution, Committee, by majority vote of not less than 66% of voting share of financial creditors, must immediately resolve to appoint Interim Resolution Professional (IRP) as Resolution Professional (RP), or to..........
Co-owner -- Suit has not been simply for declaration but for declaration to the effect that plaintiff-respondents and defendant-appellant as well as defendant-respondents are owners in joint possession in equal shares of the suit land - Maintainability of suit - Appellant failed to produce any convincing evidence on record to prove that she was in actual physical..........
Hindu Succession Act, 1956, Section 6, 8 -- Illegitimate children - Right of partition during life time of father - First marriage of defendant not.1 is proved - Defendant nos. 3 to 6 who are children of defendant no.1 through second wife would not get a right by birth in suit properties and they would not be entitled to share till defendant no.1 is alive...........
Hindu Succession Act, 1956, Section 6, 8 -- Succession - Partition suit - Character of properties as ancestral joint family property admitted - One `P' proved to be first wife of defendant no.1, thus by virtue of Amendment Act, first defendant, said `P' and children born to them as defendant no.2 and plaintiffs would be entitled to equal shares as co-parcenars in joint..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Sale deed - Registration - Sale of tangible immovable property worth more than Rs.100 can only be effected by registered instrument - Since a property worth more than Rs.100 is sought to be conveyed to plaintiff by u, registered instrument, such a document would not result in transfer of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea that wife of deceased had relinquished her share in favour of her i, laws and got certain properties in lieu thereof as such wife is not entitled to any compensation - Held, grant of compensation by MACT or by Court in respect of accidental death of a person is not affected by family arrangement of..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque to outgoing partner without dissolution of firm or rendition of accounts or settlement of his share/contribution - Till the share of complainant is determined in relation to profits and losses incurred by the Firm, there is no question of complainant claiming for the entire..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
Joint Family Property -- Suit for cancellation of sale deeds - Father of plaintiffs along with his three sons/plaintiffs was alive on date when UP Zamindari Abolition and Land Reforms Act was notified - Joint Hindu family disintegrated after abolition of zamindari and every individual became a tenure holder in his own right - Individual bhumidhar therefore, could have..........
