Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Maintenance - Ex parte interim maintenance - Can be granted even without issuing notice - However, said order is to be made absolute with or without modification, after service notice on the respondent - For passing ex parte interim order, Magistrate has to subjectively satisfy himself as to the..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Maintenance - Petition by wife - Respondent not appearing - An ex parte order as per rule 12(3) can be passed u/s 23(1) of the Act - If respondent on appearance makes an objection, after hearing the respondent, an appropriate order can be passed as per S.23(1) of the Act...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Statement recorded in Court - Can very well be rebutted by adducing cogent evidence that a fraud was played upon as a result of which such a statement was given in Court...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Separate suit to set aside a compromise decree on the ground that compromise on which a decree was passed is not lawful - However a separate suit to set aside the compromise decree is maintainable when fraud was played to obtain such a compromise decree...........
Civil Procedure Code, 1908, Section 24, 23(3) -- Transfer of divorce petition - Two High Courts - Applicability of S.23(3) of CPC - Held, S.23(3) deals with a case where subordinate Courts are subordinate to two different High Courts - Merely because the Rajasthan has a Bench at Jaipur would not bifurcate High Court and would not divide them into two different High Courts..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Second petition for same relief - Tenability - Withdrawal of earlier writ petition acknowledging the fact that grievance made by RDS regarding rejection of its bid had been rendered infructuous as the works in question remained available for allotment in a..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 4, 2(b), (d), (f), (h) -- Scope - Maintenance of parents and/or senior citizen - The Act aims at providing better medical facilities (including attendance and treatment), protection of their life and property, to protect them from emotional neglect and lack of physical and financial support and to..........
