Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Waiving of a statutory right is opposed to public policy u/s 23 of Contract Act - An agreement having that impact is void in eyes of law and will not act as estoppel - Wife is entitled to get monthly maintenance..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of probate proceedings - With liberty to file afresh - Executor has not claimed that there is any formal defect in probate proceedings - Application for withdrawal has not specified any ground far less sufficient ground for allowing executor to institute a fresh suit for subject matter - Since neither of two..........
Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968, Section 22(2)(a), (f), 23(1)(b) -- Eviction petition - Cease to occupy - Shop let out to tenant used as godown was all time occupied by him had to be discharged by tenant and on failure to discharge the same, landlord was held entitled for eviction - Availability of reasonable cause for ceasing to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Senior citizen seeking cancellation of transfer of property - Restraining beneficiary from alienating property during pendency of proceedings - Interim order, so passed, will be construed to be in exercise of inherent powers u/s 23 of the Act itself - No infirmity found in the impugned order...........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 6, 23 -- Bail - Pre-natal sex determination and abortion of female fetuses - Allegations in FIR and charge sheet as well as disclosure statements made by petitioner and co-accused u/s 27 of Evidence Act, reveal prima facie, petitioner had a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder of parties does not fall in term `formal defect' embodied in O.23.R.1(3) CPC - Application rejected...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - De novo trial - First Appellate Court mechanically passed an order of remand without applying itself to fact situation of case and without appreciating fact that issue on which remand order is passed was already decided by trial Court - Order of remand not covered under provisions of O.41.Rr.23, 23-A, 25..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Executed in favour of Gurudwara - Property of senior citizen - Suit property was situated near Gurudwara and was left locked from outside - Brother of senior citizen executed gift deed of suit property in favour of Gurudwara - Senior citizen was not aware about gift..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Eviction of son and daughter-in-law - There is no specific procedure prescribed under the Act and Rules for evicting any person who has allegedly occupied immovable property of a senior citizen illegally and has thereby put a senior citizen to mental torture -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Interest on solatium - Claim for interest on solatium would be payable if reference Court has either not referred to it or has not rejected it expressly or by necessary implication - Moreover, claim can only be made in pending execution proceeding - In the instant case, claim for interest on..........
