Showing : 361-370 of 703 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Application for disposal of suit - Disputed / denied by the other party - No signatures of the parties on the page on which compromise written - Compromise containing certain stipulation with regard to pendency of cases which are not permitted by law to be compromised - Compromise not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Permitted without giving any reason as to why the suit is liable to fail or as to what material defect was there in the suit - Order allowing withdrawal of suit set aside and case remanded for disposal on merits...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1-- Abandonment of claim - Withdrawal of suit unconditionally - Subsequent suit on same grounds - Res judicata not applicable in its strict sense - However, plaintiff is debarred from seeking decree on the same grounds on the principle of abandonment of claim...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Suit against a dead person - Must be treated to be a formal defect - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1-- Withdrawal of suit without liberty to file a fresh suit - Does not constitute a decree - It does not preclude the defendant in second round of litigation raising the plea that sale deed was not true and valid...........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Suit for declaration that land in question joint Hindu Corparcenary property - Earliar suit filled challenging the sale deed executed by father and for declaration to the effect that land is a joint Hindu Corparcenary property - Suit withdrawn -Subsequent suit challenging Will by father and..........

Showing : 361-370 of 703 Results