Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Reservation of life interest to enjoyment of usufructs from property gifted or settled by transferor/senior citizen in favour of transferee/son, cannot result in an implied condition that transferor expects transferee to look after senior citizen till her..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8, 23(1) -- Powers of Tribunal - Tribunal cannot be a substitute for a civil Court for purpose of carrying out an inquiry as to circumstances which led to execution of document which is capable of being declared void u/s 23(1) of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Condition as required u/s 23(1) of the Act for provision of basic amenities and basic physical needs to a senior citizen has to be expressly stated in the document of transfer, which transfer can only be one by way of gift or which partakes character of gift..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Property of senior citizen - Mother gifted or settled property in favour of her son reserving life interest or enjoyment of usufructs from said property - However, neither S.23(1) of the Act be considered to have interfered with valuable rights of..........
Mental Healthcare Act, 2017, Section 23 -- Release of treatment records of mentally ill person - Unless release of treatment records come within purview and scope of exceptions u/s 23 of the Act, the records of treatment of a person with mental illness cannot be released by any health professional...........
Mental Healthcare Act, 2017, Section 23 -- Release of treatment records of mentally ill person - Before ordering production of treatment records of a mentally ill person, Court must apply its mind judicially and ascertain whether documents sought for have a material bearing on the case - If it is found that documents relating to treatment records of a mentally ill person..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Mother-in-law is being dragged into proceedings on account of her volunteering to fund education of her granddaughters for first two years - Said act of mother-in-law is voluntary act and thus, she cannot be roped into these proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Consumer Protection Act, 1986, Section 23 -- Appeal - Maintainability - Appeal u/s 23 of the Act not maintainable against an order which is passed in the course of execution proceedings - Appeal dismissed being not maintainable...........
