Custody of child -- Visitation rights - While deciding any matter relating to custody or visitation right of child, paramount consideration is welfare of child and if welfare of child so demands, technical objection cannot come in the way...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitration - While exercising jurisdiction u/s 11 of the Act, Court has to confine its consideration as to existence of an arbitration agreement between parties - Court is not empowered to bisect the claim in two parts i.e one arbitrable and other non-arbitrable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Once an appellate Court sets aside a trial Court's judgment and remands the matter for re-consideration, all prior proceedings except those expressly preserved stand subsumed in remand - Procedural integrity of earlier interlocutory orders loses operative force unless challenged..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Consumer Protection Act, 2019, Section 34(1), 47(1)(a)(i), 58(a)(i) -- Pecuniary jurisdiction - Vesting jurisdiction in District, State or National Commission on the basis of value of goods or services paid as `consideration' is neither illegal nor discriminatory...........
Custody of child -- Writ of habeas corpus - Wherever it is a disputed question of fact which needs elaborate leading and consideration of evidence and other provisions, it would be a proper course for a parent to exercise his right by approaching appropriate Court under Guardians and Wards Act, rather than pursuing the remedy under habeas corpus petition - Writ petition..........
Custody of child -- Writ of habeas corpus - Maintainability - Habeas corpus petition would be maintainable in child custody matter, but the relief can be granted when facts are very clear and consideration of welfare of child demands interference by Court u/art 226 of Constitution...........
Agreement to sell -- Specific performance - Ready and willing - Execution of agreement has been proved - Total sale consideration agreed between parties was Rs.75,000 out of which defendant had already received Rs.50,000 as earnest money - Plaintiff was always ready and willing and continues to be ready and willing to perform her part of contract - Plea of hardship taken..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Grant of Rs.30,000/- P.M. to wife and child affirmed - However, taking into consideration the age of child being 13 years and escalation in living expenses and increasing costs associated with education, monthly maintenance enhanced to Rs.40,000/- from the date of order of High Court...........
