Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Hindu Marriage Act, 1955, Section 13, 23(1)(d) -- Divorce - Cruelty and desertion - Delay in instituting proceedings - No explanation whatsoever in petition for divorce as to why husband has taken over 17 years to file petition for divorce - Divorce petition not maintainable in view of S.23(1)(d) of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Transfer of property by senior citizen by way of gift in favour of defendants was much prior to coming into force of the Act - Since transfer was made before commencement of the Act as such provision of Act not applicable to the case...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Property of senior citizen - Gift deed admittedly executed by senior citizen in favour of son and daughter-in-law not subject to condition that transferee shall provide basic amenities and basic physical needs to transferor - Even suit filed by senior citizen is not on such pleas -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Word `transferred' in S.23 of the Act is followed by phraseology `by way of gift or otherwise', therefore connotation `otherwise' includes every mode of transfer including transfer of possession...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a) -- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party cannot take..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition - Court not to go into merits and make observations thereon while allowing withdrawal of execution petition with liberty to file a fresh execution petition...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
