Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........
Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Settlement - Mediator cannot forward any agreement to Court as to what course of procedure to be followed by Court for passing decree...........
Protection of Women From Domestic Violence Act, 2005, Section 13, 23, 28 -- Service of notice - Ex parte order - Not only service was effected upon husband at his permanent place of residence, but correspondent who is his mother was duly served - It is difficult to believe that husband was not aware of institution of proceedings - Plea that relationship between husband and..........
Kerala Money Lenders Act, 1958, Section 7(1), Indian Contract Act, 1872, Section 23 -- Interest charged above stipulated rate of interest u/s 7(1) of 1958 Act - Forbidden by law and opposed to public policy - Moreover, if there is agreement to this effect, said agreement cannot be enforced u/s 23 of 1872 Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, Criminal Procedure Code, 1973, Section 468 -- Proceedings u/ss 12, 18 to 23 of PWDV Act - Limitation - None of provisions u/ss 12, 18 to 23 of PWDV Act, speak any relief to be granted for any offence much less by way of punishment or by saying as a deemed offence - Question of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of O.23.R.1(3)(a) CPC -..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Writ petition - Unconditional withdrawal of earlier writ petition - Will bar second petition on same cause of action not in terms of O.23.R.1 CPC but in terms of public policy of not permitting litigants to come to Court time and again on basis of same cause of action...........
Punjab Agricultural Produce Markets Act, 1961, Section 23 -- Claim for market fee - Entitlement - In the instant case, admittedly plaintiff deals in manufacturing of malt and does not deal in processing of barley - Even, preparation of malt does not come within category of processing of barley as malt is end product of manufacturing process - Hence, no market fee is..........
