Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Scope - Petition u/s 23 of the Act is maintainable even when there is no stipulation in writing that transfer was subject to condition of maintenance...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Where there is inconsistency in extract of consent decree, which is error on face of record as such same can be corrected by exercising inherent jurisdiction of Court, to bring it in conformity with intended compromise...........
Hindu Succession Act, 1956, Section 23 -- As repealed - Dwelling house - Right of daughter - Denial of share in dwelling house to daughter is not justified after repealing of S.23 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - There is no specific provision for ordering eviction of persons who had forcibly occupied house of senior citizen and parent - However, relief of eviction is implicit in the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - Power of Tribunal - Tribunal under the Act may have authority to order an eviction, if it is necessary and expedient to ensure the maintenance and protection of senior citizen or parent...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - Power of Tribunal - Relief of residence to senior citizen and parents cannot be granted unless and until there is an order of eviction of persons who have forcefully occupied premises/residential area of such parents and senior citizens - Maintenance includes residence as such..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs - Neither plaintiffs abandoned suit nor has withdrawn any claim - Even defendants has not filed application for their transposition as plaintiffs - Application rightly dismissed...........
