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ARUN MONGA
Mamta Sharma – Appellant
Versus
Additional Deputy Commissioner cum Maintenance Tribunal – Respondent
| Table of Content |
|---|
| 1. overview of parties in writ petition (Para 1 , 3 , 4 , 5) |
| 2. petitioner's arguments on eviction (Para 17 , 18 , 19 , 20) |
| 3. defense of respondent against petitioner's claims (Para 34 , 40) |
| 4. court's directive for amicable settlement (Para 62 , 63) |
| 5. final orders and modification from the court (Para 64 , 67) |
Judgment
Mr. Arun Monga, J.:- Before this court is a widowed daughter in law, aged about 53 years, pitted against her 82 years old father in law. She has assailed an order dated 26.11.2018 passed by Respondent No.1-Additional Deputy Commissioner cum Maintenance Tribunal on a complaint preferred by respondent No.2, under Maintenance and Welfare of Parents and Senior Citizen Act, 2007(for brevity, 2007 Act). Petitioner is aggrieved against the direction issued to her to vacate her matrimonial home set up in a part of the selfacquired house owned of her father in law/respondent no.2. She is/was to hand over vacant possession of the part of House No. 221, Model House, Ludhiana to respondent No.2 within a month. Prayer in the instant petition is to quash the impugned order and also to direct respondent No.2 not to harass petitioner and to provide her alternate accomm
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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