Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Specific condition that basic amenities would be provided to parent need not be incorporated in transfer deeds - It is deemed to be read into it...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Property of senior citizen - Mother executed two transfer deeds in favour of her daughter/petitioner - However, after transfer deeds having been executed, mother was left with no option but to leave village and to stay with her son - Specific averments in the..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Rejection of plaint - Withdrawal of earlier suit, in between parties, by unconditionally admitting title and possession of defendant on suit land - Said acknowledgment/admission was not conditional - It was not even mentioned in the application that a compromise has been..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Expression `Transfer of property' used in S.23(1) of the Act, would include even permission to occupy property of a senior citizen as same would tantamount to creating an interest in immovable property...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 23 -- Eviction - Ss.4, 23 of the Act are separate and distinct remedies and claim of maintenance is not a condition precedent for passing an order of eviction u/s 23 of the Act...........
