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Showing posts from November, 2020

Subsequent re marriage of window does not affect the property rights from her deceased husband

Subsequent re marriage of window does not affect the property rights from her deceased husband

Defendant never challenged preliminary decree or amendment at proper stage - No permitted afterwards - Petition dismissed.

Maximum time period within which written statement must be filed is 120 days from date of service of summons - No explanation provided for condoning inaction and delay - Defendant not entitled for extension of time

Legal Notice not replied amounts to admission of contents of notice.

If contract between parties bar or restricts grant of interest on amount payable - interest award by Arbitrator - not justifiable

Borrowers property sold in auction in spite of communication of stay - borrower ready with cash to settle dues - society directed to return the property

party appearing before Arbitrator, should ascertain next hearing date - award cannot challenged on the ground no sufficient opportunity given to Appellant

when allegations of fraud or forgery are made, decide the issue prior to appointing an arbitrator

Despite the demand by the dealer to appoint the arbitrator, the Corporation did not make appointment until the application was made under Section 11(6). Thus, the Corporation has forfeited its right of appointment of an arbitrator

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

Judgement regarding Arbitration jurisdiction

Original contract was entered - all transactions took place at Bangalore - court in Chennai does not have Jurisdiction

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

IT is well settled legal principle that pension and gratuity amount should not be attached under the provisions of Civil Procedure Code

Landmark Supreme court Judgment on Fraud

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

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.

Transferee pendente lite have no right to be added as parties to partition suit

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

Wife can seek information on husband's income under the RTI Act, rules CIC

maintenance tribunals under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 can evict relatives from properties owned by senior citizens.

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

section 5 dismissed citation

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

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

Appellants had lost all the rights to the property of her husband on her remarriage,

Mother entitled to property of her Pre deceased son even after her re marriage

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

wife filed suit for partition of her father's property _ wife died issue less - husband could not claim to be substituted

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

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

Even before the commencement of arbitral proceedings the Court can grant interim relief to preserve and protect the subject property of the dispute

under section 9 of Arbitration and Conciliation Act, 1996, no orders of permanent in nature can be passed

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.