Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Conviction set aside - Court directed to release amount of Rs.30,000/- which has been deposited by petitioner...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Custody of child -- Writ of habeas Corpus - Paternal grandparents of child seeking custody of child from maternal grandfather/respondent - Mother of child upon being seriously ill was taken away by respondent along with child for medical treatment and she died in 2019 and since then child is under care and custody of respondent - Lodging of FIR u/ss 304-B, 498-A IPC and..........
Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to major unmarried daughter - Daughter is living with her mother for last several years who has borne all her living expenses including education - There was no contribution of father in upbringing of his daughter - Meagre amount of Rs.1000/- was paid under order of Court that too was stopped as soon..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement - Disputes between parties is fully and finally resolved by Mutual Consent terms - Parties are living separately since May 2010 and their marriage is evidently a dead letter - Neither party has any objection if Court dissolve the marriage - Marriage between parties held, dissolved subject to..........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation of word `touch' - S.7 of the Act pertains to `sexual assault' it appears that it is in two parts:- first part of section mentions about the act of touching the specific sexual parts of the body with sexual intent and second part mentions about `any other act' done with sexual intent which..........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - At a belated stage - Plaintiff seeking production of documents, at the stage of defendant's evidence, but did not mention anything regarding the documents which are mentioned in the list of documents filed along with said application - Even in plaint, plaintiff has not produced any evidence regarding..........
Easements Act, 1882, Section 13 -- Easement by grant - Limit of easement acquired by grant is controlled only by terms of contract - Grant may be express or even by necessary implication - In either case it will not amount to an easement of necessity u/s 13 of Easement Act even though it may also be an absolute necessity for the person in whose favour grant is made...........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
