Showing : 201-210 of 788 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - Statement recorded in Court - Can very well be rebutted by adducing cogent evidence that a fraud was played upon as a result of which such a statement was given in Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Separate suit to set aside a compromise decree on the ground that compromise on which a decree was passed is not lawful - However a separate suit to set aside the compromise decree is maintainable when fraud was played to obtain such a compromise decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226-- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to withdraw the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of petition - Second petition for same relief - Tenability - Withdrawal of earlier writ petition acknowledging the fact that grievance made by RDS regarding rejection of its bid had been rendered infructuous as the works in question remained available for allotment in a fresh tender..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A-- Compromise decree - Challenge to - Remedies available - Held, only remedy available to a party who seeks to challenge a decree on the ground that compromise on which it was based was void or voidable and therefore, unlawful, is either to go back to Court which had passed decree on the basis of..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A-- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open to plaintiff is to file..........

Showing : 201-210 of 788 Results