Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Duty of Court - Held, Court must insist upon the parties to reduce the terms of compromise in writing and further it should be signed by the parties so as to make a complete agreement in terms of the Contract Act capable of being enforced by a court of law - Compromise must be signed by the parties and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - One of the defendants signed the compromise - Does not express the consent of other defendants - Compromise denied by other defendants - Compromise decree passed on the basis of consent of one defendant, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit disposed of on a preliminary point - Decree reversed in appeal - Appellate Court can remand the case for fresh trial - U.O.41.R.23-A CPC appellate Court may remand suit to trial Court even though such suit has been disposed of on merits when Appellate Court considers that retrial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........
Civil Procedure Code, 1908, Order 23, Rule 3 -..........
Civil Procedure Code, 1908, Order 41, Rule 23, 25, 28A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Remand - Power of appellate Court - Exercise of - While disposing of the first appeal, the First Appellate Court has failed to consider the aspects of the reliefs as noted in prayers `b' & `c' of Paragraph No.9 of the counter-claim - Learned First Appellate Court has..........
Protection of Women From Domestic Violence Act, 2005, Section 12,23(5) -- Domestic Violence - Report of protection officer - Question as to whether at the time of issuance of notice i.e. taking cognizance on the complaint, Court is duty bound to issue notice to the respondent only after the report of the Protection Officer is received? - Matter referred to Division Bench..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Domestic Violence - Interim ex parte order - Magistrate has power to pass interim ex parte orders as he deems just and proper on the basis of affidavits of the aggrieved person in such forms as may be prescribed u/ss 18, 19, 20, 21 and 22 of the Act...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Means - Settlement of differences by mutual consent...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise - Alleged to be result of fraud - Party to approach the same Court...........
