Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Transfer cannot be set aside, merely because one of daughters had suffered a statement for allowing the application of senior citizen, as once the ownership rights vests in the person concerned much less transferee, it cannot be..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Suit property belonging to senior citizen (Father) - Son and daughter-i, law forcibly occupying the portion of suit property and allegedly harassing the senior citizen - District Magistrate rightly directed the son and daughter-i, law to vacate the suit property, as they are mere..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Parties entering into settlement - Breach of settlement - Party aggrieved can enforce terms of settlement and can also seek further reliefs of interest or penalty or damages and so on - However, breach cannot revive an original cause of action which stands fused and settled by crystallizing various terms, as per settlement..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawing a suit and withdrawing from a suit - Distinction - When there is only one plaintiff and he withdraws the whole suit, it can be said that he withdraws the suit - However, when there are more than one plaintiff and one of them withdraws the suit, it can be said that he withdraws from suit...........
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of suit - Costs - Plaintiff withdrawing suit is liable for such costs as Court may award - Court is empowered to pass an order only in respect of costs on withdrawal of suit by plaintiff...........
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of eviction suit - Litigation costs - Respondent was a tenant and in arrears of rent - It therefore, cannot be said that tenant was sued without a cause - Since arrears of rent, interest and expenses to avoid eviction deposited by tenant as such no cause of action against tenant remained thereafter - No..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23, 26, Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Applicability of S.468 Cr.P.C - Provisions of Ss.12, 18, 19, 20, 22, 23, 26 of the Act of 2005, are not in definition of offence as they are in relation to protective and other jurisdiction - S.468 Cr.P.C...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Jurisdiction of Tribunal - Property in question not transferred by Senior citizen in favour of his son - S.23 of Act is therefore, not attracted, as unless the case falls directly u/s 23 of Act, Tribunal cannot exercise its power for adjudicating disputes concerning properties of..........
Employee's State Insurance Act, 1948, Section 2(9), 2(22), 2(23), 39, 42 -- Casual workers - Employee - Term "employee" in S.2(9) is wide enough to cover casual employees who are employed for part of wage period...........
Employee's State Insurance Act, 1948, Section 2(22), 2(23), 39, 42 -- Casual workers - Casual employees employed for a few days on a work of perineal nature are covered under the provisions of act for the purpose of wages and wage period - Casual employees can not be deprived of the beneficial provisions of act...........
