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Showing posts from November, 2020
Subsequent re marriage of window does not affect the property rights from her deceased husband
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Subsequent re marriage of window does not affect the property rights from her deceased husband
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Defendant never challenged preliminary decree or amendment at proper stage - No permitted afterwards - Petition dismissed.
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Legal Notice not replied amounts to admission of contents of notice.
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If contract between parties bar or restricts grant of interest on amount payable - interest award by Arbitrator - not justifiable
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Borrowers property sold in auction in spite of communication of stay - borrower ready with cash to settle dues - society directed to return the property
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party appearing before Arbitrator, should ascertain next hearing date - award cannot challenged on the ground no sufficient opportunity given to Appellant
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when allegations of fraud or forgery are made, decide the issue prior to appointing an arbitrator
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No proper notice has been served on R1, arbitral proceeding can't be said to be commenced with respect to R1 - Arbitration proceedings be barred by limitation
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Judgement regarding Arbitration jurisdiction
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Original contract was entered - all transactions took place at Bangalore - court in Chennai does not have Jurisdiction
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Arbitration proceedings initiated in Chennai - award passed - Execution petition filed seeking sale of 4 property out of which 3 property were situated outside jurisdiction - Execution maintainable
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IT is well settled legal principle that pension and gratuity amount should not be attached under the provisions of Civil Procedure Code
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Landmark Supreme court Judgment on Fraud
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Right to property is not a fundamental right, it remains a valuable constitutional right, the Supreme Court directing the Centre hand back possession to the land to its owners
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limitation period of six months for filing a claim petition before the Motor Accident Claims Tribunal (MACT) has not come into force as of now.
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Transferee pendente lite have no right to be added as parties to partition suit
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Will the insurance company be liable for compensation if the vehicle was insured as ‘private vehicle’ but plyed on ‘hire’ at the time of accident
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Wife can seek information on husband's income under the RTI Act, rules CIC
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maintenance tribunals under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 can evict relatives from properties owned by senior citizens.
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It is well established principle of law that unless and until the property is partitioned, the co-sharer can only sell to the extent of his share
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In case the appeal is filed and a prayer is made for staying the impugned order, the said prayer shall be considered by the appellate authority and a speaking order passed thereon within a period of two days of such filing of the appeal
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appeal as envisaged in that provision is maintainable only in a case where the parents/senior citizen concerned is aggrieved by the order of the Tribunal
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Appellants had lost all the rights to the property of her husband on her remarriage,
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Mother entitled to property of her Pre deceased son even after her re marriage
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Hindu female inherited property from sons - entitlement of widow of pre deceased son - mother in law transfer property by gift deed - widow of pre deceased son cannot claim share
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wife filed suit for partition of her father's property _ wife died issue less - husband could not claim to be substituted
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An ex parte order appointing an advocate commissioner may be passed, but simultaneously notice shall be ordered to go to the respondent indicating the date of hearing of the application - After the vehicle has been seized, it shall be in the custody of the applicant. This custody is on behalf of the Court
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under section 9 of Arbitration and Conciliation Act, 1996, no orders of permanent in nature can be passed - Application by a Partner of an Unregistered Firm - Partnership Act does not affect the maintainability of an application under Section 9 of A & C Act
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Even before the commencement of arbitral proceedings the Court can grant interim relief to preserve and protect the subject property of the dispute
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under section 9 of Arbitration and Conciliation Act, 1996, no orders of permanent in nature can be passed
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Petition u/s 9 Arbitration Act cannot be disposed of ex-parte, especially when coercive orders are passed: ex parte disposal of the petitions violates principles of natural justice.
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