Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, 23 -- Shared household - Wife is residing in shared house with husband since 2021 upto filing of appeal before Sessions Court and she is in possession of first floor of said house consisting two rooms - Since the residence is lying vacant, no one is there to resides in the house in question with wife,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Maintenance to father - Father concealed the material fact of drawing pension from Army - No written statement filed by father to rebut said stand of son - Neither any medical record of any ailment or other evidence of any mal treatment is produced by father before SDM - Sarpanch and other..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 32, 23 -- Property of senior citizen - Eviction of son - When parents who are owners of house withdraw permission to reside in house, son is bound to obey order of parents and father cannot be asked to file traditional suit for eviction against his own son - Son rightly directed to vacate the suit..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Challenge as to - Consent decree based upon compromise can be challenged before same Court which passed consent decree...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Petitioners being son and daughter-in-law are not residing in suit property for more than 5 years and agreed to pay maintenance to senior citizen on the basis of compromise - They are estopped from claiming relief as prayed by..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - S.23 of the Act cannot confer jurisdiction on a Magistrate or Sub-Divisional Officer to exercise power of a regular civil Court as envisaged in CPC particularly when precondition of S.23 of the Act are not met...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed executed in favour of son by senior citizen is absolutely unconditional reserving no right at all to donor - No conditions were attached that son would have to provide basis amenities and basic physical needs to transferor - Power of Tribunal to declare a..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Home loan - Pre-condition for home loan was life of borrower will have to be insured - Borrower was subjected to a medical test which showed normal health status - Premium was accepted and retained for life insurance - Insurance process was completed and all mandatory requirements were met -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
