Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when transfer was made subject to said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father is aged about 75 years of age in 2021 - Nothing on record to even remotely show that basic amenities were being provided by petitioner - Once the ingredients of S.23 of the Act are fulfilled, application ought to be allowed - Transfer..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Only statutory deductions as well as income tax can be taken into consideration while determining the net salary of husband - Payments made on other heads cannot be deducted from his gross salary...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband admitted that wife and his son is living separately at her parental home for the last two years and maintenance and educational expenses of son is born by her parents - Gross salary of husband is Rs.97,227 p.m - However, trial Court after taking into account the various..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 23(1)(b) -- Rejection of divorce petition - Condonation of acts - Single condonation of any act or acts by itself would not be sufficient to reject plaint once there is allegation in the plaint that subsequent to condonation of such acts, same were being repeated - Application dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside the transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when the transfer was made subject to the said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
