Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property in question transferred from mother to son by playing fraud - Son neglected his mother and not providing basic amenities despite fact that property was transferred in his name - Mother who is 76 years old suffering from various ailments - Transfer deed..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Can be passed even if subject matter of agreement, compromise or satisfaction is not the same as subject matter of suit in terms of provisions of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Word "formal defect" means defect which does not affect merits of case whether that defect is fatal to suit or not...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Cannot be permitted if suit sought to be instituted is in respect of different subject matter...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Bar U.O.23.R.3-A CPC is attracted if compromise on basis of which decree was passed was void or voidable, as agreement or compromise which is clearly void or voidable shall not be deemed to be lawful...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Party to a consent decree based on a compromise to challenge compromise decree on the ground that decree was not lawful, i.e it was void or voidable has to approach the same Court, which recorded compromise and a separate suit challenging the consent decree is not maintainable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - Right of cross examination of a witness cannot be taken away even in summary proceedings when Tribunal/Court decides to summon the witnesses or allows a party to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - In the instant case, Tribunal allowed the parties to summon witnesses - Tribunal after recording examination-in-chief of witnesses did not allow their cross..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3), Arbitration and Conciliation Act, 1996, Section 7(1), 23(2A) -- Reference to arbitration - Counter claim and set off is maintainable before statutory authorities under MSMED Act, particularly when there is a provision for filing counter claim and set off which is expressly inserted in S.23 of 1996..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of tenant - Landlord who happens to be senior citizen cannot seek eviction of tenant under the Act, who is neither his children nor a relative, as tenancy is not a transfer of property - Senior citizen landlord has to seek eviction under ordinary law - Application dismissed...........
