Arbitration and Conciliation Act, 1996, Section 34, 31(5) -- Arbitral award - Setting aside - Limitation - Appellant accepted award being head of family on behalf of himself and his family under an acknowledgment, in terms of compliance of S.31(5) of the Act - Service of arbitral award on appellant thus, amounts to service on other appellants and they cannot plead no,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Sexual assault of two minor girls by their step father - Evidence on record reveals that a palpable and substantial doubt is cast on prosecution version - Statement of complainant as well as of victims does not inspire sufficient confidence to convict accused - Moreover, no details whatsoever have been..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Earlier divorce petition filed by husband making allegations of cruelty disposed of in terms of compromise - Again husband filed present divorce petition making same allegations which were made in earlier divorce petition - Such bald allegations cannot be believed - Husband cannot take..........
Agreement to sell -- Decree of specific performance of an agreement to sell does not vest any title in plaintiff/purchaser till conveyance deed of property in terms of decree of specific performance is executed in favour of plaintiff...........
Agreement to sell -- Specific performance - Readiness and willingness - If plaintiff behaves contrary to terms of contract and insists that sale by defendants should be on terms which are different from terms of contract, then it is an indication that he was not willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)..........
Agreement to sell -- Specific performance - Readiness and willingness - An act of breach committed by defendant does not remove bar u/s 16(c) of the Act - It is a personal bar - Even if defendant had committed breach of contract, if plaintiff fails to aver in plaint or to prove that he was ready and willing to perform the essential terms of contract which were required to..........
Service -- Daily wager - Absorption in permanent cadre - Dispute as to from which date they will be permanent and entitled to benefit of time scale - Employees claiming such benefit from date of their initial appointment - However, there is neither any factual foundation nor any legal foundation to claim such benefit - Employees not able to show any document such as any..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of minor - Not only prima facie case but also balance of convenience from the point of view of the ward should be considered while granting interim custody in terms of S.12 of the Act - Application for interlocutory order ought to be considered on merits by Family Court on the basis of affidavits and documents..........
Kerala Land Reforms Act, 1964 -- Resumption of lands - As per respondents/official, petitioners illegally obtained Pattayams through fraudulent manner and property is still under ownership of State - As per evidence on record no such Pattayams were issued by revenue department and documents produced by petitioner are fabricated documents obtained with assistance of officer..........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - Decree for specific performance - Court is always competent to extend time, if petitioner due to one or other reason, could not deposit balance sale consideration - Balance sale consideration already deposited in terms of interim order passed by this Court - Time for..........
