Search Results for "mutual consent"

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Supreme Court

High Court Allows Conversion of Petition to Divorce by Mutual Consent Under Hindu Marriage Act, 1955 Based on Settlement Deed. The Court Directed the Family Court to Treat the Pendency Period as Cooling Period Under Section 13(B) and Pass a Decree in Terms of the Settlement.

25 Feb 2022

The dispute involved a petition pending before the Principal Judge, Family Court, Bengaluru, where the parties sought resolution through a settlement ...

Supreme Court

Supreme Court Partially Allows Appeal in Murder Case, Upholding Conviction of One Accused and Acquitting Others for Lack of Common Intention. The court held that common intention under Section 34 IPC requires prior concert, which was absent for appellants whose roles were limited to holding and pulling the deceased, not participating in the fatal assault.

16 Feb 2022

The appeal arose from a murder conviction where Krishnamurthy, Gopala, and Thimmappa were convicted under Section 302 read with Section 34 IPC, among ...

Supreme Court

Supreme Court Dismisses Appeal in Hindu Marriage Act Divorce Case, Upholding High Court's Finding of No Cruelty. Appeal Under Family Courts Act Held Timely as Section 29(2) of Limitation Act Applies, Not Section 29(3), and Allegations of Cruelty Fail Due to Respondent's Justified Absence from Matrimonial Home.

3 Feb 2022

The dispute arose from a marriage solemnized under Hindu rites on 29-08-1999 between the appellant-husband and respondent-wife. The appellant filed a ...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Case Regarding Lok Adalat Award as Basis for Compensation Redetermination. Court Held That Lok Adalat Award Under Legal Services Authorities Act, 1987 Does Not Qualify as Determination by 'Court' Under Section 28A of Land Acquisition Act, 1894, as It Is Based on Compromise and Lacks Adjudicatory Function.

3 Feb 2022

The Supreme Court addressed a batch of appeals concerning the interpretation of Section 28A of the Land Acquisition Act, 1894, in relation to Awards p...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

13 Dec 2021

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...

Supreme Court

Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

9 Dec 2021

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration and Conciliation Act, 1996 Case Involving Breach of Settlement Deed. The Court held that the arbitration qualified as an international commercial arbitration under Section 2(1)(f) and that judicial interference under Section 34 was unwarranted, restoring the award of US$ 1.5 million as liquidated damages for breach of the Deed of Settlement dated 03.01.2011.

10 Nov 2021

The dispute arose from a soured business association between shareholders in Atlas Equifin Private Limited, India, which held shares in Multi Screen M...

Supreme Court

Supreme Court Quashes Lok Adalat Order in Writ Petition Due to Jurisdictional Overreach Under Legal Services Authorities Act, 1987. Lok Adalat Lacks Authority to Decide Cases on Merits When No Settlement is Reached, Must Return Case to Referring Court as Per Sections 19(5) and 20(5) of the Act.

7 Oct 2021

The dispute arose from an order dated 30.11.2013 passed by the High Court of Madhya Pradesh, Bench at Indore, in Writ Petition No. 8074 of 2011, where...

Supreme Court

Supreme Court Dismisses Appeal in Petrol Pump Dealership Dispute Over Lease Validity. Lease deed contingent on future approval did not create a present lease as on application date under Section 105 of Transfer of Property Act, 1882, disqualifying applicant from marks under evaluation criteria.

30 Sep 2021

The dispute arose from an advertisement published by Indian Oil Corporation Ltd. on 12.10.2011 inviting applications for petrol pump dealerships. The ...

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