Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint arbitrator…
Answer: Section 22 of Maintenance and Welfare of Parents and Senior Citizens Act permits the eviction of the house property from the daughter-in-law/son as they have no right to claim residence over self acquired property of her father/mother-in-law. As per settled law, daughter-in-law has no right to claim a right of residence over the self…
In all court cases, where stays are granted in future, the same will expire in 6 months from the date of such order unless similar extension is granted by passing a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having…
Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country.…
Complaint under section 138 of the N.I. Act is criminal in nature. It, therefore, cannot be stretched to bar which is in the nature of temporary bar to the suit. Section 138 of the N.I. Act is in the nature of a panel provision with the objective to inculcate faith in the banking transactions. The…
Free Civil Advice.There is a Division Bench judgment of Punjab and Haryana High Court titled as Bachan Singh Vs Swarn Singh, 2000(3) RCR (Civil) 70 in which it has been held that co-sharer in exclusive possession of the joint property has a right to enjoy and reap the fruits of the property even by raising…
cases of 498a/406 The sole consideration for the grant of bail in such like matters is to recover dowry articles (Istridhan) and joining of investigation before the Investigating Officer (IO). Once that is done, the grant of anticipatory bail can be availed of by you and the courts will be gracious enough to grant you…
The only reason to repudiate the insurance is that the insured did not disclose in the medical Performa that he was suffering from Type-II /Diabetes Mellitus. As the cause of death is ‘cardiac shock’ and the death has not occurred due to the well-known factual conditions in diabetics, therefore the reputation of insurance contract is…
No doubt both the parties have led evidence and the case has reached the stage of arguments. The amendment at the belated stage cannot be declined merely on the ground that the case has now been fixed for arguments and act this stage, the amendment cannot be allowed. If the amendment in question goes to…
Section 20 Code of Criminal Procedure,1908 talks about jurisdiction, where cause of action or part of cause of action has arisen. Sub clause (a) of Section 20 explains that a suit can be instituted in the court within the local limits of whose jurisdiction, defendant at the time of commencement of the suit, actually or…