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Compromise Decree Comprising of Immovable Property Other Than That Which is subject matter of Suit or Proceeding – Requires Registration
A compromise decree passed by a court would ordinarily be covered by Section 17(1)(b) but sub-section (2) of Section 17 provides for an exception for any decree or order of a court except…
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Remedy to An Allottee — Under RERA Act
In terms of Section 18 of the RERA Act, if a promoter fails to complete or is unable to give possession of an apartment duly completed by the date specified in the agreement,…
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Section 304-B IPC – Ingredients of
Section 304-B IPC was incorporated in the Penal Code by the Dowry Prohibition (Amendment) Act, 1986. The object of the amendment was to curb dowry death. Section 304-B does not categorise death, it…
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Jurisdiction – Meaning of
Jurisdiction is the power to decide and not merely the power to decide correctly. Jurisdiction is the authority of law to act officially. It is an authority of law to act officially in…
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Family Settlement – Governed By A Special Equity Principle
In Hari Shankar Singhania v. Gaur Hari Singhania, (2006) 4 SCC 658 it was held as under: “A family settlement is treated differently from any other formal commercial settlement as such settlement…
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Family Settlement – Clause Contemplating Preferential Offer
When in an agreement it is stated that the property cannot be sold without concurrence of the three brothers in writing, there cannot be any doubt about its meaning. It means what it…
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Rectification of Contract — Can be Subject Matter of a Suit for Specific Performance
A perusal of Section 26(1) of the Specific Relief Act, 1963 would show that when through fraud or mutual mistake of parties, a contract or other instrument in writing does not express the…
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Denial of Motherhood – Amounts to Cruelty
It is well-acknowledged that what constitutes ‘Cruelty’, in a marriage is almost impossible to define. Hon’ble Supreme Court, has in a number of decisions held that ‘cruelty’ in a marriage is to be determined in…
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Establishment of a Competing Business – Cannot Give Rise To A Legal Wrong
The establishment of a competing business which may have an adverse impact on his profitability cannot give rise to a legal wrong. Such actions are clearly barred on the principle of damnum sine…
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Grant of Gratuity – Last Status/Cadre and Last Wages Drawn by the Employee to be Taken Into Consideration
Sub-Section (1) of Section 4 of the Payment of Gratuity Act, 1972 provides that gratuity shall be payable to an employee on the termination of his employment; Sub-section 2 of Section 4 of…