Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because High Court refers to certain factual aspects in the case to raise and conduct on question of law, same does not mean that factual aspect and evidence has been reappreciated...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - House in question is of father/respondent - Petitioners being son and daughter-in-law are mere licencees - Specific case of respondent is that he and his wife have no independent place to reside and they have taken accommodation..........
Protection to life and liberty -- Petitioners are performed marriage - However, petitioners no.2 is earlier married to one `A' and one sided customary divorce was relied upon by petitioner no.2 - Out of said wedlock two daughters were born, who were residing with first wife of petitioner no.2 - Court being legal guardian of 2 minor girls, who are living at mercy of their..........
Stamp Act, 1899, Section 47A -- (As amended by State of U.P) - Deficient stamp duty - Gift deed - Agricultural land was gifted by father-in-law in favour of petitioner - Revenue authorities have failed to bring on record any material to substantiate that any Abadi was existing nearby - It is admitted case of District authorities that it is an agricultural land - Gift deed..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Order of release by trial Court - Release order set aside by appellate Court - Findings of appellate authority regarding exhaustion of need of daughter-in-law of petitioner after having been settled along with her family at place `D' could not be..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Existence of substantial question of law and judgment which revolves around answering substantial questions of law are not mere formalities - They are meant to be adhered to...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Concurrent findings of two Courts below - When two Courts have concurred on appreciation of evidence and High Court has not borne in mind any substantial question of law, High Court clearly erred in reversing concurrent findings of Courts - Order of High Court set aside...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of statutory waiting period - Parties residing separately for the last eleven years and there is no possibility of reconciliation of differences between them - Settlement arrived at in between parties are in accordance with law - Waiting period of six months waived - Divorce by mutual consent..........
Medical education -- Admission to MBBS/BDS - Admission to medical courses were to be done only through centralized admission process as per Notification issued by State of UP - Glocal Medical College in contravention of said Notification conducted private counseling, which was not at all permissible in law - Students cannot be said to be ignorant about such Notification -..........
