Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15 -- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of suit - Amendment not..........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Effect of S.52 of the Act is not to render transfer effect during pendency of suit by a party to suit void - But only to render such transfers subservient to rights of parties to such suit and pendente lite purchaser would be entitled to or suffer same legal rights and obligations of his vendor as may..........
Constitution of India, 1950, Article 14 -- Right to equality - Transgender persons, who are neither male/female fall within expression `person' and hence entitled to legal protection of laws in all spheres of State activity as enjoyed by any other citizen of this country - Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
