Limitation Act, 1963, Article 59 -- Cancellation of a document - Limitation of three years - Applies to a voidable transactions and not to void transactions...........
Hindu Succession Act, 1956, Section 6, 29A -- As applicable to State of A.P - Conflict between two provisions - State law shall be void to the extent it is repugnant to or inconsistent with Central Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Plea of bona fide purchasers - Since defendant No.1 failed to prove his title through Will in question, then defendant Nos.2 & 3 are bound to fail to prove their case of bona fide purchasers without notice and for valuable consideration - Moreover, defendant Nos.2 & 3..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Maintainability - Limitation - Suit filed within three years from the date of knowledge of Will in question held within limitation - Suit held maintainable...........
Arbitration and Conciliation Act, 1996, Section 8, 11 -- Arbitral dispute - Reference to arbitration - Held, whenever a contract is said to be void-ab-initio, Courts exercising jurisdiction u/s 8 and S.11 of the Act of 1996 not debarred from referring disputes to arbitration...........
Arbitration and Conciliation Act, 1996, Section 5, 16 -- Void agreement - Arbitration clause - Concept of severability - Held, arbitration clause survives even if main contract is void - Court can refer disputes to arbitration - Court ought to decline reference to arbitration only where Court can reach conclusion that contract is void on a meaningful reading of contract..........
Representation of the Peoples Act, 1951, Section 100(1)(a)(b) - - Election of Legislative council - Improper rejection of nomination paper - Duty of Court - Held, once Court comes to conclusion that nomination paper had been improperly rejected, it is obliged in law to declare election void...........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Family Courts Act, 1984, Section 7, 8, 20, Protection of Women From Domestic Violence Act, 2005, Section 21 -- Jurisdiction - Visitation rights to meet the minor child - Exclusive jurisdiction has been conferred upon Family court with reference to S.7 of F.C.Act in relation to guardianship of a person or custody of or access to any minor - Family Court established at..........
Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d) -- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15..........
