Showing : 61-70 of 135 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1)-- Compromise - Withdrawal of suit - If a suit is to be decreed or dismissed on the basis of a compromise, even permission to withdraw the suit pursuant thereto, O.23.R.1 may not have any application - Even in such a case, a permission to withdraw the suit could have been given only with notice to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Suit for perpetual injunction - Permission sought to withdraw suit and to file a fresh suit for declaration and possession - Even without seeking leave of appeal a fresh suit for declaration and possession can be filed as nature of relief and cause of action in the two..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 1(5)-- Withdrawal of suit by one of the several plaintiffs - Court has no power to permit one of the several plaintiffs to withdraw the suit or a part of his claim without the consent of other plaintiffs...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Delhi Rent Control Act, 1958, Section 3(c), 8, 14(1)(e), Civil Procedure Code, 1908, Order 23, Rule 1-- During pendency of eviction petition rent increased u/s 6-A of the Act after issuing notice u/s 8 of the Act - Rent exceeded Rs.3500/- p.m. - S.3(c) of the Act will come into operation - Rent Act will not remain applicable - Landlord has a right to withdraw eviction petition from ARC and he can..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 20-- Waiver of right to seek relief of specific performance - Agreement to sell - Suit for specific performance decreed - In second appeal observation made in an interim order that vendor can refund earnest money and vendee can withdraw balance sale consideration deposited in the lower Court - Vendee..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 43, Rule 1-A(2)-- Appeal against decree passed in suit after recording compromise or refusing to record compromise - Suit for declaration by sons challenging sale deed executed by their father - Compromise entered by one of son with vendee - Suit withdrawn on the statement made by said son on his behalf and on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission granted to withdraw suit - However, no permission granted to file a fresh suit on the same cause of action - Held, Court can either accept or reject the prayer - Court not justified in partly accepting..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at Appellant Stage - O.23 R.1 of the Code of Civil Procedure gives unqualified right to the plaintiff to withdraw from a suit so long as suit is pending and no vested right has accrued in favour of the defandants - Once a suit is decided and decree passed, it conclusively..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Permission to withdraw suit at appellate stage - Suit dismissed - Appeal dismissed - Second appeal - Permission sought to withdraw suit - Unsuccessful appellant/plaintiff continuing with the legal proceeding with an oblique intention - Cannot at a subsequent stage be permitted to withdraw the suit..........

Showing : 61-70 of 135 Results