Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - Power to permit amendment being purely procedural in nature, Magistrate can permit amendment even in the absence of any provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Section 22 -- Eviction petition - Maintainability - Merely because senior citizen had not made a request for maintenance as contemplated u/s 4 of 2007 Act, it cannot be said that eviction petition is not..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Rule 22(3)(1)(i) -- Eviction petition - Plea of ancestral property taken by daughter-in-law - Plea rejected, as S.22(3)(1)(i) of Rules 2017 stipulates that senior citizen or a parent can make an application to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Section 22(3)(1)(i) -- Property of senior citizen - Eviction petition against daughter-in-law - Maintainability - Merely because R.22 of Rules 2017 only applies to Son, daughter or legal heirs and not to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Section 22(3)(1)(i) -- Property of senior citizen - Eviction petition against daughter-in-law - Daughter-in-law has no right, title and interest in suit property - Relationship between senior citizen and his..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Section 22 -- Eviction petition - Power of Tribunal - Tribunal has jurisdiction to direct vacation by children of any property in which senior citizen has a right of residence/possession - Contention that..........
Criminal Procedure Code, 1973, Section 125 -- Amendment of maintenance petition - Permissibility - Application filed by wife for amending her original maintenance petition during course of proceedings u/s 125 Cr.P.C. can be allowed - Contention that there is no provision under Cr.P.C. for permitting amendments in pleadings in the form of applications or replies before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - If amendment sought for does not constitute a new cause of action or raise a new case, but only amounts to adding to the facts already on record, the amendment sought for can be allowed even after the statutory period of limitation...........
