Hindu Marriage Act, 1955, Section 11, 5(iii) -- Nullity of marriage - Marriage performed in violation of age limit - Marriage cannot be declared void as age limit prescribed in S.5(iii) of the Act is omitted from the purview of S.11 of the Act - Impugned judgment declaring marriage as null and void set aside...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Alteration without consent of party to the negotiable instrument makes instrument void against anyone who is party to such a negotiable instrument at the time of making such alteration - However, where alterations are made in the cheque and drawer signs over it, that would..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unilateral putting of date on cheque by complainant without authority of accused and even by not informing him - Amounts to material alterations and such cheque becomes void - Prosecution u/s 138 of the Act cannot be initiated...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Representation of the Peoples Act, 1951, Section 123(2), Karnataka Municipal Corporations Act, 1976, Section 35(1)(b), 39(2) -- Election petition - Corrupt practice - Suppression of information with regard to assets of husband - Election can be declared void on the ground of corrupt practice which include `undue influence' - Any false statement is a corrupt practice - Non..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
