Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party - Application U.O.23.R.1-A CPC can be filed in two contingencies: (i) When plaintiff withdraws suit; or (ii) plaintiff abandons suit...........
Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party as plaintiffs - Where party seeking transposition have no claim in the suit and no right can said to have sprang up in his favour after withdrawal/abandonment of suit by plaintiff, party cannot be entitled to seek transposition...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property to be void - Tribunal has been empowered u/s 23 of the Act to declare certain transactions as void...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property to be void - While declaring transfer of property to be void u/s 23 of the Act, power to order for return of property relating to said transfer also flows from it...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Eviction order - Property of senior citizen - Claim for eviction is maintainable u/s 4 read with various other provisions of the Act by a senior citizen against his children and also grand children - Senior citizen can apply for declaration of transactions made in favour of their children and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Eviction - Property of senior citizen - Provisions of the Act applicable to a senior citizen who has attained the age of 60 years on the date of filing of application u/s 4 read with other provisions of the Act and not otherwise...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Transfer of property in favour of major children - Wife of senior citizen on basis of forged Power of attorney (POA) transferred property of senior citizen in favour of their children - Properties in question are self acquired properties of senior citizen and he had exclusive..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - When an application U.O.23.R.1(3) CPC is filed, Court must either allow or dismissed it in toto - It is not permissible for Court to allow withdrawal of suit but refuse grant of permission...........
