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Agreement ----- Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant?

Held: it cannot be said on the basis of what is printed on the back side of the rent receipt that the parties had accepted it as a condition of the lease. The rent receipt is a document issued by the landlord acknowledging receipt of payment of rent by him. Conditions printed at the back of rent receipt cannot be said to be a conscious decision taken by the parties governing the lease of premises. Terms and conditions of a lease result from conscious decision of parties.

Limitation Act, 1963; S. 27— Limitation Act, 1963; Art. 65 and 66 -- Adverse Possession -- It is a settled principle of law of adverse possession that the person, who claims title over the property on the strength of adverse possession and thereby wants the Court to divest the true owner of his ownership rights over such property, is required to prove his case only against the true owner of the property -- It is equally well-settled that such person must necessarily first admit the ownership of the true owner over the property to the knowledge of the true owner and secondly, the true owner has to be made a party to the suit to enable the Court to decide the plea of adverse possession between the two rival claimants.

Hindu Marriage Act, 1955; S. 26 – Whether earning mother has any liability towards maintenance of the child -- As much the obligation of the father to maintain a minor child as that of the mother -- It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.

Arbitration and Conciliation Act, 1996; S. 8 -----
Consumer Protection Act, 1986; ------- Whether presence of Arbitration clause in the agreement oust the jurisdiction of Consumer Forum ----- Observation of the National Consumer Disputes Redressal Commission by holding that Arbitration clause in the agreement cannot circumscribe the jurisdiction of a Consumer For a notwithstanding the amendments made to Section 8 of the Arbitration Act.

Hindu Marriage Act, 1955; S. 13  -  Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held: It is really unfortunate that neither the Family Court nor the High Court kept in mind these legal principles and passed cryptic and unreasoned orders -- Such orders undoubtedly cause prejudice to the parties and in this case, it caused prejudice to the appellant(husband) because the orders of the High Court and Family Court deprived him to know the reasons for fixing the permanent alimony amount of Rs.15,00,000/- payable to his wife – Impugned order of the High Court and the order of the Family Court insofar as it relates to fixation of permanent alimony of Rs.15,00,000/- are set aside.

Code of Civil Procedure,1908 ; Order XIII, Rule 3 –
Indian Stamp Act, 1899 : Art. 45, Sec. 35 –
Indian Registration Act, 1908; Sec.17,49 –
Hindu Succession Act, 1955 –
Civil Procedure Code, 1908; Order VII Rule 11—Difference between Memorandum of family settlement and Family Settlement – the alleged memorandum of family settlement divided the entire property between plaintiff and defendant and there is relinquishment of the rights of other heirs of the properties and as such it is Family Settlement and not memo (Para 11) – memo does not create any right -- the document was compulsorily registrable under Section 17 of the Registration Act as there was relinquishment of share – it should be stamped in proper manner as specified in the Indian Stamp Act – document also being not stamped could not have been accepted in evidence (Para 13) -- whether the said document could have been accepted by the trial court in evidence or not -- whether the said unregistered and properly not stamped document which was inadmissible in evidence could have been used for any collateral purpose -- Held: the same are not admissible in evidence for the purpose of proving primary purpose of partition – unstampped instrument is not admissible in evidence even for collateral purpose, until the same is impounded by paying stamp with penalty.

Negotiable Instruments Act, 1881; S.138 ---- Complainant and accused both are working in Government College ----- Both are governed by the Government Servants’ Conduct Rules which prescribes the mode of lending and borrowing ----- Nothing on record to show that the prescribed mode has been complied with ----- Disputes concerning the source of fund of the complainant ------ Non Disclosure of the amount to Income Tax authority though the complainant is a regular Assessee ----- Complainant did not produce Bank Statement ----- The trial court took into account the testimony of the wife of the complaint in another criminal case arising under Section 138 of the N.I. Act in which she has stated that the present appellant/accused had not taken any loan from her husband ----- Acquittal of accused confirmed.

Consumer Protection Act, 1986; S. 2(1) (d) ----- Whether land owner who entered into agreement with Developer for development of property is a consumer ------ What is required to be scrutinised whether there is any joint venture agreement between the appellant and the respondent ----- The MOU that was entered into between the parties even remotely does not indicate that it is a joint venture ----- As per MOU the land owner has no say or control over the construction, he does not participate in the business, he is only entitled to a certain constructed area ----- The irresistible conclusion is that the appellant is a consumer under the Act.

Hindu Marriage Act, 1955; S. 13 – Validity of Divorce Decree passed by Foreign Court – Held: The present decree dissolving the marriage passed by the foreign court is without jurisdiction according to the Act as neither the marriage was celebrated nor the parties last resided together nor the respondent resided within the jurisdiction of that Court -- The decree is also passed on a ground which is not available under the Act which is applicable to the marriage -- the decree has been obtained by the 1st appellant by stating that he was the resident of the Missouri State when the record shows that he was only a bird of passage there and was ordinarily a resident of the State of Louisiana – Such divorce decree cannot be taken into consideration.

Hindu Marriage Act, 1955; S. 13 – Validity of Divorce Decree passed by Foreign Court – Rules framed are The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.

Constitution of India, Art. 21 – Life of dignity – Society must have sympathy towards the sex workers – They are entitled to a life of dignity in view of Art 21 of the constitution – Direction to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India.