Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - No specific case that it was result of fraud, coercion or misrepresentation - Agreement was signed not only by parties but also by their counsel - Court granted approval after parties acted upon it - Petitioner cannot be permitted to withdraw from the settlement...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - Matrimonial dispute - Parties started living together after settlement - Cruelty committed thereafter - It gives petitioner a fresh cause of action for filing a petition for divorce on the ground of cruelty - Petition for withdraw from settlement is not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Allowed - However, liberty not given to file fresh appeal on the same cause of action - Once withdrawal of appeal is permitted, Court to grant permission to file fresh appeal on the same cause of action...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property by senior citizen - Condition as regards transferee to provide basic amenities and basic physical needs to transferor need not be required to be made in express terms in the document by virtue of which transfer had been effected - Same would be read into document by way of..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Mother transferred her property in favour of two daughters/petitioners - Specific averments on record that petitioners subsequent to transfer deed, neglected their mother - Mother has no source of income and she is more than 90 years of age - Transfer of land in..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 482 -- Interim maintenance - Husband claimed that he has no capacity to pay amount of maintenance assessed by appellate Court - However, wife strongly submitted that her husband has ability to pay amount of maintenance - It is a question of fact to be decided on..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Qualification of wife and capacity to earn cannot be a ground to deny interim maintenance to wife who is dependant and does not have any source of income - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Cannot be reopened at the will and wish of the parties - Clause in agreement to reopen the decree, if any of the parties disobeys the terms of compromise agreement, held, per se unlawful and void - No legal force or enforceability can be attributed to such a clause...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Not appealable - Parties to the compromise decree are bound to obey the terms of compromise decree and they cannot escape from the enforceability of the compromise decree...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Interim maintenance - Order of interim maintenance can be passed without seeking domestic incidents report referred to in proviso to S.12 of the Act as said provision relates to a final order - S.23 of the Act is not subject to S.12 of the Act...........
