Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Trial Court while allowing application has not recorded satisfaction that suit filed by plaintiff must fail by reason of some formal defect - There is also no finding that there are sufficient grounds for allowing plaintiff to institute a fresh suit - After a passage of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 6, 23 -- Jurisdiction of Court - Dispute as to title of property - Forum under the Act do not have jurisdiction to decide the title of property - However, mere fact that question of title is under dispute, it does not mean that till it is not decided finally, senior citizen cannot approach forum under..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Prima facie there is sufficient material to demonstrate that A-4 was a confederate in conspiracy to export psychotropic substance - There is material to indicate that A-4 had not only arraigned foreign purchasers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), 27A, 28, 29, 30, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Statement of A-1 recorded u/s 67 of NDPS Act prima facie rules out the involvement of A-5 - Transcripts of whatsapp conversation between A-1 and A-5 does not indicate prima facie that A-5 was privy to alleged..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Sufficient evidence on record to justify repudiation of claim by insurance company on the basis of exclusion clause - Surveyor was examined as RW1 and his evidence remained un-rebutted - Surveyor's report was evidence tendered by insurance company and there is sufficient evidence to indicate that..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Son ready to serve father - Such statement after filing of eviction petition is just to save himself from eviction - Such statement cannot be made basis to set aside eviction order...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
