Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen in favour of his or her near and dear ones - Condition of looking after senior citizen is not necessarily attached to it - Therefore, when it is alleged that conditions mentioned in S.23(1) of the Act are attracted to a transfer, existence of such..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Cancellation - Transfer subject to condition of providing basic amenities and basic physical needs to the transferor senior citizen is sine qua non for applicability of S.23(1) of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Application u/s 23 of the Act for cancellation of transfer deed - Not maintainable in the absence of clause in document imposing an obligation on settlee or transferee to maintain settlor and transferor...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Purpose for which acquisition of land is made is also a relevant factor for determining market value...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Acquisition is solely for purpose of excavation of coal and entire land is acquired on basis of estimates of coal reserve identified - Entire land is to be mined and used and no further development activity is required - High Court in such circumstances committed erred in deducting..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Number of submissions were made by parties on merits in support of their respective claims for allotment of land in question as project affected persons - However, since High Court has not at all decided claims of respective parties on merits, matter remanded back to High Court...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - High Court set aside order of Deputy Collector solely on the ground that orders were passed by Deputy Collector without jurisdiction and therefore same is coram non-judice - However, Deputy Collector was directed to take a fresh decision pursuant to order passed by Division Bench - High Court therefore, ought..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiffs have an absolute right to withdraw/abandon their suit as a whole or in part at any time after institution of suit and defendants at the most may claim some cost only but cannot oppose the prayer of plaintiffs for withdrawal/abandonment of their suit without seeking any liberty to file afresh..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
