Specific Relief Act, 1963, Section 10, Limitation Act, 1963, Article 54, Registration Act, 1908, Section 23, 25 -- Lease agreement - Specific performance - Perusal of Ex.P2 reveals that it was not agreement but lease deed - Entire lease money was allegedly paid by the lessee to the lessor and possession of leased property was allegedly delivered by the lessor to the lessee..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 23, Rule 1 -..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Conditions for - Held, specific provisions have been made in the CPC empowering remand of a suit by appellate court for specific purposes under specific circumstances - There cannot be an arbitrary order of remand without satisfying conditions U.O.41.Rr.23, 23-A or 25 of CPC - Even when a party..........
Civil Procedure Code, 1908, Section 152, 153, Order 23, Rule 3 -..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 1(5) -..........
Evidence Act, 1872, Section 23, 3 -..........
Land Acquisition Act, 1894, Section 4, 16, 23 -..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce - Settlement between parties - Resiling therefrom - Permissibility of - Held, settlement between parties was recorded by Court after examining both the parties and satisfying that the parties have voluntarily settled the matter after completely understanding its terms - Appellant..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 42(b), Indian Contract Act, 1872, Section 23 -..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Interim order - Challenge to - Held, civil Court has jurisdiction in exercise of powers U.O.23.R.3 r/w Rule 3-A CPC to consider if compromise on the basis of which decree is based is not lawful - It is settled principle of law that fraud vitiates all proceedings - Any order obtained by playing fraud..........
