Civil Procedure Code, 1908, Order 1, Rule 8(4), Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit or appeal filed U.O.1.R.8 CPC in representative capacity - Such suit cannot be abandoned, withdrawn, settled or compromised unless Court gives notice to all the persons interested - Suit filed U.O.1.R.8 CPC cannot be dismissed in default and cannot be..........
Prevention of Corruption Act, 1988, Section 2(c), Criminal Procedure Code, 1973, Section 23, Indian Penal Code, 1860, Section 21 -- Public servant - Public Prosecutor/Additional Public Prosecutor is a `Public servant' within meaning of S.2(c) of Prevention of Corruption Act. (Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984,..........
Land Acquisition Act, 1894, Section 23, 4 -- Land acquisition - Compensation - Sale deeds executed subsequent to the date of notification u/s 4(1) of the Act - Cannot be taken into consideration for determining the compensation...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Where large tracts of land are required to be valued, valuation in transactions with regard to small plots is not to be taken as real basis for determining the compensation of large plot of land - Where the market-value of large block of land is determined on the basis of sale transactions for..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Setting aside of compromise decree - Separate suit filed raising challenge against compromise decree on the ground that compromise was obtained by exercising fraud and misrepresentation - Held, suit not maintainable in view of O.23.R.3-A CPC - Plaintiff can challenge compromise decree by filing application u/s 151 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit filed against a dead person - Suit is likely to be dismissed on account of this formal defect - Trial Court allowed withdrawal of suit with liberty to file a fresh suit on the same cause of action - Order upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdraw/abandon a part of the claim - Suit for specific performance - Alternative prayer for refund of payment made and for recovery of damages - Issue as to pecuniary jurisdiction of Court raised - Application filed U.O.23.R.1 CPC to withdraw/abandon the relief of damages - As long as Court is seized of the matter, it is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Scope of enquiry into an allegation by a party to the compromise is limited to an enquiry as to whether an adjustment or satisfaction has or has not been arrived at - It is not within the province of that adjudication to decide on any other issue, though a specific plea that the agreement or settlement is not..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........
