Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when transfer was made subject to said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father is aged about 75 years of age in 2021 - Nothing on record to even remotely show that basic amenities were being provided by petitioner - Once the ingredients of S.23 of the Act are fulfilled, application ought to be allowed - Transfer..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside the transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when the transfer was made subject to the said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
Service -- Transfer order - Judicial review - Judicial interference is not warranted in absence of : (i) pleadings regarding malafide; (ii) non-joining the person against whom allegation are made; (iii) violation of any statutory provision; (iv) allegation of transfer being detrimental to the employee who is holding a transferable post...........