Family settlement -- Registration - Agreement intending to create right in presenti and same sans registration has no validity in the eye of law as a family settlement...........
Maharashtra Housing and Area Development Authority (MHADA) -- Reguls.33(7), 33(9) - Acquisition of Land - Validity thereof - Entire land would be returned to private developers for carrying out development project under Reguls.33(7), 33(9) of MHADA - Terms offered to tenants in terms of carpet area of tenement offered to them are more favourable as against MHADA which..........
Indian Contract Act, 1872, Section 73, 74, 75 -- Work contract - Assigning of extra work at fag end of contract period - Validity - Clause 5 of Contract not prohibited principal to allot upto extra 30% quantity of work for want of 45 clear days of subsisting contract period - However, said option can be exercised by appellants at any time until the contract period was..........
Air Force Act, 1950, Section 107, 161 -- Quashing of disciplinary proceedings - Validity thereof - High Court quashed order of disciplinary committee to dismiss respondent from service - Official record substantiates the fact that respondent had over stayed his casual leave without sufficient cause - Misconduct for which respondent sentenced and punished is not the first..........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
Service -- Cancellation of promotion order - Validity - Appellant admittedly fulfilled the eligibility criteria and qualification as prescribed in Rule 10 of Rules 1956 as also the qualifications prescribed for appointment to the post in question for direct recruits - Competent authorities also recommended the case of promotion of appellant certifying that appellant is fit..........
Electricity Act, 2003, Section 86(1)(f), 95 -- Termination of PPA - Validity of - As per PPA failure or refusal by appellant to perform its financial and other material obligations under a PPA constitutes an event of default - Appellant not dealing with any of the defaults mentioned in default notice issued - Since default in notice is not being remedied within period of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage deed is completely different..........
Will -- Validity and genuineness of Will - To be adjudicated in a regular civil suit and cannot be gone into by Court of Small causes in summary proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Death of sole plaintiff - Substitution of LRs - Eviction suit instituted in Small Causes Court (SCC) - Respondent and revisionist both claiming rights as heirs of deceased plaintiff through Wills set up by them - It was not possible for SCC to adjudicate about validity of either of Wills - It is thus, appropriate to..........
