Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - S.23 of the Act does not enable Sub-Collector or District Collector to function as a Civil Court to decide questions of fraud, undue influence, coercion etc. alleged to have been perpetrated on petitioner...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Plea of fraud taken by petitioner - It will be open for petitioner to approach Civil Court if she wants to contend that fraud was played on her to make her execute the settlement deed...........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat award - Challenge as to - Orders passed in a Lok Adalat are not liable to be challenged in any further proceedings as it is final in nature - However, provision of S.21 of the Act would not oust jurisdiction of High Court exercising powers u/art 226 of Constitution...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Summoning of witness - Once the documents are produced before Court, though they are public documents, concerned witness who produced the documents needs to be examined to prove authenticity of documents...........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
