Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of child - In any proceedings under the Act, Magistrate is empowered to grant temporary custody of the child to the aggrieved person, notwithstanding anything contained in any other law for the time being in force...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of lime orchard - Determination of compensation - No documentary evidence in support of income yielded by orchard - Expert gave gross annual income from each tree as Rs.150 to Rs.200/- - Held, compensation is to be calculated taking average thereof by allowing deduction towards cost of cultivation and other expenses -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Not signed by one of the defendants - Cannot be enforced against a party to the proceedings who had not signed the same...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Acts of cruelty - Condoned - However, previous acts of cruelty will get revived when the offending party keeps committing or repeating the acts of cruelty towards the other spouse even after the condonation...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Partition suit - Between mother and son - Memo for withdrawal of suit filed by plaintiff considering the welfare of her son - Court recorded memo and dismissed suit as withdrawn - Plaintiff challenged dismissal on grounds that her son had played fraud on her in filing aforesaid memo and her lower Court counsel..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant's father himself had appeared and signed compromise application - Appeal against compromise decree is barred u/s 96(3) CPC - Under Order 43.R.1A(2) also the appeal is not maintainable...........
Civil Procedure Code, 1908, Section 46, Order 23, Rule 3A, 3B -- Compromise decree - Remedies thereagainst - Held, remedy available to a party to compromise decree to avoid such a consent decree is to approach the court, which recorded the compromise arrangement by making the necessary petition in the same proceedings - However, if a person is not a party to the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit on account of formal defect - Suit for possession - Defendant taking specific plea in written statement that suit is bad for non-joinder of co-owners as parties - Despite this objection, no action taken by plaintiff - Suit proceeded and matured for final verdict - Plaintiff sought withdrawal of suit,..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of withdrawal application to withdraw the suit is maintainable...........
Right to Information Act, 2005, Section 20, 23 -- Penalty of Rs.25, 000/- imposed on Central Public Information Officer for delayed supplying of information - Penalty slashed to Rs.5, 000/- - Held, reduction in penalty justified when reasonable period of time is consumed for perusal of information sought, thereby causing delay in supplying information sought...........
