Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o)(ii), Proviso, Section 23 - - Seizure of sand - Held, S.23 of Sand Act and Rr.27 and 28 of Sand Rules empower authorities mentioned in S.23 to seize sand which was transported and not only vehicle which was used for such transportation - Such seizure would constitute a ground to invoke proviso to sub-cl.(ii)..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o)(ii), 20, 21, 23 - - Detention order - Challenge to - Copies of confidential records relating to preventive detention issued under Right to Information Act are relied on for purpose of challenging detention at pre-execution stage - Held, RTI Act would not apply to such cases - Detention order cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125, 127, Civil Procedure Code, 1908, Order 23, Rule 3 -- Maintenance - Compromise in a petition u/s 125 Cr.P.C. whereby consolidated amount towards permanent alimony paid and wife giving up any future claim for maintenance - Petition for maintenance by wife u/s 18(2) of Hindu..........
Evidence Act, 1872, Section 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 -- Confessional statement - Can be evidence by the person before whom it is recorded...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - It covers two types of claims (i) Where plaintiff withdraws a suit or part of a claim with permission of Court to bring in fresh suit on the same subject matter and (ii) Where the plaintiff withdraws a suit without the permission of the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - First part of the rule refers to lawful agreement or compromise arrived at by the parties out of Court which is required to be in writing and signed by the parties - Second part of the rule deals with cases where defendant satisfies the plaintiff in respect of whole or a part of the suit claim - Second part is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - To be in writing - Held, the requirement of `in writing and signed by the parties' does not apply where defendant satisfies the plaintiff in respect of whole or part of the subject matter of the suit...........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise - Alleged by one party and denied by the other - Court to decide the lis one way or the other - Proviso to the rule expressly and specifically states that the court shall not grant such adjournment for deciding the question unless it thinks fit to grant such adjournment by recording reasons...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise in one of the two suits which were consolidated - Held, Court is not powerless to dispose of any suit independently once the ingredients of O.23.R.3 CPC are satisfied...........
