Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment - There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist - Complainant is a senior citizen who..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Rent and eviction - Bonafide requirement - Son intended to settle his business of readymade garments by shifting same business from Mexico - Admittedly, landlord is a senior citizen aged about 83 years and thus require someone to look after him and his property - Son specifically stated that after..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Merely because father of husband is a Senior Advocate at place `S' does not mean that he is capable of interfering in judicial proceedings or would do so - It is difficult to believe that for that reason, wife is finding it difficult to get services of lawyer at place `S' - If..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 6 -- Gift deed by senior citizen in favour of son - Setting aside without affording opportunity to cross examine senior citizen - Mother forced to leave the house - Vague denying of allegations - Until son raises a dispute on these issues, Maintenance Tribunal had no option but to accept the..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6 -- Proceedings before Maintenance Tribunal has to be recorded in the manner of a summons trial...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6 -- Proceedings before Maintenance Tribunal or before Appellate Tribunal cannot be conducted like a criminal case - However, Tribunal has to certainly follow basic principles of law and to ensure that all parties obtain equal opportunity of establishing their cases and their contentions...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 10 -- Maintenance to Senior Citizen - Awarded at Rs.7,500/- per month - Applicant thereafter wrote a letter to Minister for Revenue which was transmitted to District Collector who then unilaterally acted as Appellate Tribunal and enhanced maintenance to Rs.10,000/- - Jurisdiction of Appellate..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32 -- Rule making power of State Government - Act itself empowers State Government to confer such powers and duties on District Magistrate for protection of life and property of senior citizens...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32 -- Rule making power of State Government - Act empowers State Government to formulate summary procedure for eviction of children/legal heir of senior citizens, in the eventuality of ill-treatment or no, maintenance of Senior citizen/parents...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 27 -- Bar of civil Court jurisdiction - A senior citizen cannot knock the door of civil Court to fight a legal battle to obtain possession of property, as jurisdiction of Civil Court is barred u/s 27 of the Act...........
