Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction petition against daughter-in-law - Maintainability - Application u/s 22 of the Act seeking eviction exclusively against daughter-in-law, whose husband is alive, is not maintainable, as she is not a legal heir of senior citizen - Application dismissed...........
Agreement to sell -- Validity - Competency of party to enter into contract - Plaintiff contended that defendant No.1 father of defendant Nos.2 and 3/daughters entered into contract with him on behalf of his daughters - However, there is no such material and/or document which remotely suggests grant of authority by daughter in favour of their father to enter into said..........
Agreement to sell -- Specific performance - Plaintiff sent legal notice after four days of date for execution and registration of sale deed - Issuance of legal notice does not lead to conclusion that plaintiff was always ready and willing to perform his part of contract from the date of agreement to sell till date of filing of suit...........
Legal Services Authorities Act, 1987, Section 19(5) -- Jurisdiction of Lok Adalat - Re-determination of compensation as awarded under Land Acquisition Act - Lok Adalat has no jurisdiction to re-determine compensation, as it is only Collector who is vested with said jurisdiction...........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Plaintiff purchased suit property and defendant not denied his tenancy over suit property - Defendant objected only to the extent that co-sharer of suit property was not a party - However, said co-sharer never raised any objection in respect of sale of suit in favour of plaintiff and as such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.5 kg charas - Search and seizure - PW2 and PW4 on different occasion apprised accused of his legal right to be searched either in presence of a gazetted officer or a Magistrate - Options given by both PW2 and PW4 were unambiguous - Merely because the appellant was given an option of searching..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated that evidence of husband..........
Legal Services Authorities Act, 1987, Section 22C(I) -- Permanent Lok Adalat - Lack of jurisdiction - Case between two private parties and it has nothing to do with public utility services - Settlement arrived at between parties - Having thus settled the dispute, it lies ill in mouth of petitioner to question Lok Adalat award on specious ground of lack of jurisdiction -..........
Limitation Act, 1963, Section 6 -- Legal disability - Limitation gets extended and does not begun to run till the disability ceases to exist...........
Words and phrases -- Waiver - It is a intentional relinquishment of a right - It must involve conscious abandonment of an existing legal right, advantage, benefit, claim or privilege except for such a waiver, a party could have enjoyed - It is an agreement not to assert a right...........
