Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Parents are not looked after but were manhandled by their children who have taken gift of parent's property - Liability to look after the aged parents is not a matter of charity but a statutory obligation - Gift deed rightly set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction - In summary proceedings, it is pleadings of parties and document of title which is to be considered by authority...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Father senior citizen is owner of property - Petitioners are neither co-sharers nor have any right of ownership in the same - No document on record that property in question is un-partitioned Joint Hindu Family co-parcenary property - Petitioners..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Service -- Compulsory retirement of Bank employee - Gratuity - As per regulation of Bank, denial of gratuity to an employee, who is inflicted with major penalty of compulsory retirement, is not included - As per Gratuity Act, gratuity can be withheld in case of damages or loss so caused or destruction of property belonging to employer or otherwise where termination of..........
Hindu Succession Act, 1956, Section 15(1)(a), 16 -- Property of female Hindu dying intestate - Widow of pre-deceased son does not have first right or entitlement to receive any share in the share of her mother-in-law/Hindu Female - Property of a female Hindu dying intestate shall devolve firstly upon sons and daughters (including children of any pre-deceased son or..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Arms Act, 1959, Section 14 -- Arms license - Refusal to grant - Petitioner applied for arms license for his own protection and property - There is no right to have an arms license which is a privilege - It is a question of fact which is to be ascertained by authorities concerned whether a person is entitled to said privilege or not - No interference with such factual..........
