Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22), 2(23) -- Pronote - Defect or deficiency in stamps - Not curable once pronote is produced in Court...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Withdrawal of withdrawal application - No order passed by the court on application for withdrawal of suit - Held, so long as Court has not made an order showing that withdrawal has become complete, withdrawal of withdrawal application by plaintiff is permissible...........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22), 2(23) -- Promissory note or receipt - Document acknowledging fact that defendant received a sum of Rs.5 lakhs - Document not referring to person to whom it was undertaken to pay - Document is a receipt and not a promissory note...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Recalling order of withdrawal - Suit remained pending for 11 years - Suit withdrawn all of a sudden when it was pending for final arguments - Application filed for recalling order of withdrawal stating that counsel was never instructed to withdraw suit - Application dismissed - Impugned order set aside - Held,..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Order of remand - Appeal against - Lower appellate Court has not formulated any points for its consideration nor it has taken into consideration the legal aspects involved in the matter - Lower appellate Court without any basis has reached to erroneous conclusion to set aside well reasoned judgment and remanded back..........
Civil Procedure Code, 1908, Section 11, Provincial Small Causes Courts Act, 1887, Section 23 -- Res judicata - Suit instituted by landlord against tenant on the basis of contract of tenancy in Small Cause Court - A question of title could also incidentally be gone into - Held, any finding recorded by a Judge, Small Cause in this behalf cannot operate as res judicata in a..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit at appellate stage - Formal defects in suit - First appellate Court allowed withdrawal of suit with permission to file a fresh suit on the same cause of action - No illegality or material irregularity in the impugned order...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23 -- Remand of suit - Legality - Appellate Court has not considered the law of limitation for filing suit or any other point which are considered by trial Court extensively - Appellate Court without going into the merits and demerits of the matter remanded suit for trial Court for retrial - Held, such order passed by..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Withdrawal of suit unconditionally without seeking permission to institute fresh suit on the same cause of action - Held, fresh suit on the same cause of action or even a part of it is barred...........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 34, Civil Procedure Code, 1908, Section 47, 34 -- Land acquisition - Interest on solatium - Specific reference of payment of interest by Reference Court but without any such reference to the payment of interest on solatium - Held, it is open to the executing Court to allow interest on the amount of solatium...........
