Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property by father in favour of his son - Son used to stay in a separate house of his own even after execution of deed of transfer regarding suit property - Senior citizens are retired government servants and they enjoying pensionary benefits and also getting good co-operation from..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Interim maintenance to minor child - Wife sought transfer of case as she is unemployed, staying with her parents and taking care of 11 months old child - Husband not paying interim maintenance even to minor child - Husband thus, directed to pay interim maintenance of Rs.5000 to minor child - In the..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Land in question was leased to religious, educational and other institutions - Celebrating a religious function in said land on a day does not amount to use by lessee of said land for a purpose other than that for which property was leased - Determination of lease by forfeiture, is not proper...........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen in favour of his or her near and dear ones - Condition of looking after senior citizen is not necessarily attached to it - Therefore, when it is alleged that conditions mentioned in S.23(1) of the Act are attracted to a transfer, existence of such..........
