Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction order - Power of Tribunal - Act does not authorise a Maintenance tribunal to issue an order of eviction on an application filed by senior citizen as per provisions of the Act...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit can either be disposed of as withdrawn or a compromise decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Minor - When a compromise decree is passed in a suit to which minor is a party, leave of Court is to be obtained before disposal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Suit where a decree based on compromise is not challenged, but compromise itself is called into question, would be barred by provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenged by third party - Third party who is not a party to compromise decree would not be entitled to file an independent suit questioning compromise on basis of which decree was passed - Remedy available to third party is to challenge decree by filing an appeal u/s 96(1) CPC with leave of appellate..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - SDO dismissed the application after conducting summary enquiry - Findings of SDO is purely factual in nature - Court in its revisional jurisdiction u/art 227 of Constitution ought not to interfere with said findings of fact unless gross illegality or..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property by father in favour of his son - Son used to stay in a separate house of his own even after execution of deed of transfer regarding suit property - Senior citizens are retired government servants and they enjoying pensionary benefits and also getting good co-operation from..........
