Showing : 71-80 of 100 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 15-- Compromise decree - Setting aside - Wife alleging husband was mentally unsound and compromise entered into by her husband was contrary to law - Trial Court setting aside decree without following procedure laid down in proviso to Rule 3 - Held, High Court is justified in holding procedure adopted..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - As per its terms Defendant was to vacate suit hotel within five years - Premises not vacated after five years - Compromise decree challenged on the ground that defendant neither received any suit summons nor engaged any lawyer to defend him in the suit in which the compromise..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit in appeal where suit dismissed (on merits and not on account of any formal defect) - Cannot be permitted as a matter of right - No absolute right of plaintiff to withdraw suit at the stage of appeal under sub - rule (1) of Rule 1 of Order 23 though appeal may be continuation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3- - Decree based on compromise - Can be passed only against party to suit - If proved in a particular case that named defendants parties only in print and not in reality and in fact imposters produced in Court - Defendants cannot be termed as party to the suit at all - Court enjoined by Proviso to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3A- - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2)-- Compromise decree - Procedure to question the compromise decree - The aggrieved party can move an application before the Court which passed the compromise decree questioning the validity of the compromise U.O.23.R.3 or he can prefer an appeal u/s 96(1) and O.43.R.1A(2) of the Code questioning the..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1-- Refusal to record compromise and rejection of application to withdraw suit - Do not amount to decree - Appeal against not maintainable - Appeal against order U.O.23.R.3 is also prohibited...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 148, 35, Order 23, Rule 1(3)- - Permission granted to withdraw suit and file a fresh suit on same cause of action subject to payment of specified costs - Fresh suit filed but amount of costs not deposited nor objection taken by defendant - Court allowed payment of costs at belated stage on objection being raised - Costs can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 6, Rule 4, Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise if disputed by either of the parties - Matter has to be decided in view of Proviso to Rule 3 of Order 23 - Court has only to decide as to whether there has been any compromise or adjustment - Question of pleading details of fraud as required under Order 6 Rule 4 - Does not arise as it..........

Showing : 71-80 of 100 Results