Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is in car trading business and in addition he is looking after family business - He is thus, earning at least Rs.50,000 to 1 lakh p.m - Since, respondent is his legally wedded wife, husband is duty bound to maintain her as per his status - Interim maintenance enhanced from..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff has no unqualified or unfettered right in terms of O.23.R.1 CPC to withdraw suit at appellate stage unless a very strong case is shown that it would not affect or prejudice anybody's vested rights...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Consumer Protection Act, 1986, Section 23, 2(1)(d) -- Deficiency in service - Sale of shop - Non-delivery of possession of shop - Consumer - Premises in question were booked, as complainants wanted to come down to Delhi to start a business after disposing of property in Denmark - Complainant was not employed any more in Denmark and he was serving Red Cross a charitable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23, 24 -- Grant of bail despite denial during previous Court hearings - Challenge as to - Ground of misconduct on part of Judicial Officer - Enquiry officer, disciplinary authority as well as the High Court failed to consider fact that Additional Public Prosecutor, appeared on behalf of State did not oppose..........
