Showing : 371-380 of 738 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise - Retracting therefrom - Only ground alleged that an assurance was held to do certain acts - Held, these are very unspecified and vague as well as unsubstantiated allegations which in any event do not amount to fraud or undue influence, threat, coercion or duress - No iota of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise - Retracting therefrom - If compromise is lawful then Court is under an obligation to record the agreement and to pass decree in terms thereof - In case compromise is brought about by undue influence, threat, coercion or by duress then the same is invalid in the eye of law...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise - Retracting therefrom - Compromise signed by parties and signed by Advocate alongwith affidavit in support thereof filed - Retracting therefrom - No explanation as to how and under what circumstances Advocate did sign the compromise application if fraud was played - Affidavit..........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - A duty is cast upon the Court to satisfy itself that there exist proper grounds and reasons for granting permission for withdrawal of suit with leave to file fresh suit...........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - 'Other sufficient grounds' - Meaning - Power is not restricted only to cases where the suit filed suffers from a technical defect...........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at appellate stage - Trial Court held that suit is barred by limitation - On said count suit cannot be allowed to be withdrawn...........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Separate suit for setting aside - Not maintainable - Plaint directed to be treated as application for setting aside compromise decree...........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - In writing and signed by parties - Counsel can sign compromise if he is so authorised...........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-A-- Compromise decree - Setting aside - Can only be challenged by way of review or an application to set aside decree by invoking inherent jurisdiction of Court within a reasonable time...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A-- Compromise decree - Setting aside - Compromise decrees stand on the same footing as agreements, and they partake all the characteristics of a typical agreement - Such decrees are also liable to be tested, on the same touchstone, if challenged...........

Showing : 371-380 of 738 Results