Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on account of `Exceeds Arrangement' - However, there is printed instructions on the cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument - Order taking cognizance set aside...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Arbitration agreement - Three recitals in the agreement strongly point towards an unambiguous intention of parties to refer their dispute to arbitration, viz; (i) mandatory nature of reference to arbitration by using the term "shall be referred to arbitration of a Sole Arbitrator mutually appointed,..........
Muslim Law -- Interim maintenance - Plea of divorce - Nothing on record to even prima facie show that Talaq Nama has been conveyed to wife - Burden lies upon husband to show that his act of divorcing wife was valid as per Islamic Law, unless he discharges such burden it cannot be stated that marriage between parties stands dissolved - Husband can do so only after trial of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Service -- Revised pension - Financial constraint/financial crunch due to additional financial burden can be a valid ground to fix a cut off date for the purpose of granting the actual benefit of revision of pension/pay...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Service -- Compassionate appointment - Financial criteria - There is a financial criteria of eligibility of compassionate appointment under Compassionate Appointment Scheme - Rules which provide for a financial criteria for appointment on compassionate ground are valid and lawful rules which have to be construed strictly - High Court patently erred in ignoring financial..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement between parties agreeing to refer either present or future disputes to arbitration - Clause 15 of contract agreement is a dispute resolution mechanism at Company level rather than an arbitration agreement - Even in clause 5 of communication between parties there..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Minor girl's infatuation with alleged kidnapper cannot be permitted as a valid defence, as it would amount to undermining essence of legislative intent u/s 361 IPC...........
