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Results of o 23 r 3 civil procedure code

Showing : 1-10 of 364 Results

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - Court and parties acted upon the settlement - One of the parties cannot be permitted to unilaterally withdraw from the same...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - No specific case that it was result of fraud, coercion or misrepresentation - Agreement was signed not only by parties but also by their counsel - Court granted approval after parties acted upon it - Petitioner cannot be permitted to withdraw from the settlement...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal from settlement arrived at through mediation - Matrimonial dispute - Parties started living together after settlement - Cruelty committed thereafter - It gives petitioner a fresh cause of action for filing a petition for divorce on the ground of cruelty - Petition for withdraw from settlement is not maintainable...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Cannot be reopened at the will and wish of the parties - Clause in agreement to reopen the decree, if any of the parties disobeys the terms of compromise agreement, held, per se unlawful and void - No legal force or enforceability can be attributed to such a clause...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Not appealable - Parties to the compromise decree are bound to obey the terms of compromise decree and they cannot escape from the enforceability of the compromise decree...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Order to record compromise does not amount to a decree - Court at first has to pass an order as to recording of compromise and then simultaneously pass a decree in accordance with the order...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Does not bind a party who remained ex parte - Compromise decree bind only the consenting party or signatory to the compromise...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........

Showing : 1-10 of 364 Results