Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Interest - Commission was not justified to award a lesser interest than even the one agreed upon in the agreement - Interest modified to the extent to be paid at the rate of 12% p.a in view of agreement...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - O.23.R.3 CPC requires that compromise should be in writing and signed by parties - Mere statements of parties before Court about said compromise cannot satisfy the requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A, 8, 20, 23, 29, 68 -- Bail - Contraband - Packets recovered were not numbered serially for the purpose of identification, as provided in R.3(2) of NDPS Rules - Samples were not drawn in presence of a Magistrate, as provided in S.52-A of NDPS Act and R.9 of NDPS Rules - Authorities themselves have..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise can only be questioned before Court which has passed the compromise decree and fresh suit for setting aside compromise decree is clearly barred in view of provisions contained U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
