Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed executed by father and mother in favour of daughter reserving their right of residence till their life time - Father died - Mother and daughter now co-owners - Mother beaten brutally by daughter - Letting mother and daughter live together is not safe -..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out defence, attachment of movable and..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Transfer of Property Act, 1882, Section 106 -- Cancellation of lease - Grounds on basis of which lease is required to be cancelled not given in show cause notice - Petitioners thus, have no opportunity to even counter/reply the notice - Moreover, cancellation of lease is done without initiating proceeding by leading evidence and allowing other parties to lead/rebut..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17 -- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given..........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27 -- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having..........
Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
