Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 137 -- Proviso under R.3 of O.23 cannot be one conferring powers merely of review and hence would be regulated by Art.137 of Limitation Act...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3A -- Res judicata - Compromise decree - Applicability of O.23.R.3-A - Suit was filed originally in the year 1965 which was returned for proper presentation - Thereafter suit was filed in the year 1974 - O.23.R.3-A was added by the CPC Amendment Act w.e.f. 1st February, 1977 - Held, on the date of institution of the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 3(1), 7(1), 17(1), 18, 19, 25, 31(1), Article 18, 23, 18 -- Indian Stamp Act, 1899, Sch.1-B, Stamp Act, 1899, Schedule 1-B, - Stamp duty - Sale certificate - Such sale certificate is fully covered under Art.18, Sch.1-B of the Act, 1899 - Person is liable to pay stamp duty for consideration equal..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
Civil Procedure Code, 1908, Order 26, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market Value - Comparable sale instances - Determination - Appointment of commissioner - Held, it was necessary for the claimant to establish that the lands involved in earlier reference cases are comparable with the land involved in the present case - Without the relevant materials..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree passed on the basis of statement of a party - Decree thus passed is different from the procedure contemplated U.O.23.R.3 CPC - If Court had recorded statement of a party and proceeds to render a judgment on the basis of such a statement, he cannot be permitted to resile..........
Civil Procedure Code, 1908, Order 23 -- Principles of abandonment - Applicability of - Writ petition - Unconditional withdrawal - Revival of impugned order - Effect of - Held, subsequent elections would not take away the impact of the withdrawal of writ petition - Once the order impugned in that writ petition stands then Assistant Registrar could not have proceeded to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Lack of pleadings - By itself not a ground to seek leave of Court to withdrawal suit - Court has to consider whether lack of pleadings arose from discovery of a new important fact which was not within knowledge or could not be noticed, despite exercise of due diligence...........
