Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Can be allowed when plea raised by defendant could be claimed if defendants are transposed as plaintiffs - Relief claimed by defendants was available to them on transposing as plaintiff only when they had claimed the relief of transposing of plaintiff as defendant - Since defendant..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining thoroughfare on the west - In second..........
Land Acquisition Act, 1894, Section 23, 18 -- Interest on solatium - Cases in which award of reference Court or Appellate Court is silent as to payment of interest on solatium, it is open to the execution Court to give direction for deposit of interest on solatium - However, execution Court in such cases can grant interest for the period subsequent to September 19, 2001..........
Land Acquisition Act, 1894, Section 23, 18 -- Interest on solatium - Direction in case Sunder Vs Union of India that interest on solatium can be paid only after September 19, 2001 is applicable only to Executing Court and that too where Reference Court or Appellate Court is silent as to payment of interest on solatium and this direction is not applicable to Court dealing..........
Land Acquisition Act, 1894, Section 23, 18 -- Interest on solatium - Execution filed and payments made in terms of the award or the decree of civil court and in that sense the award or the decree is satisfied - However, when appellate Court enhances the compensation which leads to enhancement of solatium and consequently the interest on the additional amounts of..........
Indian Penal Code, 1860, Section 166, 167, Right to Information Act, 2005, Section 23, 7 -- Wrong or false information provided by Public Information Officer under Right to Information Act - Held, offence u/s 166 or 167 of the Code not made out unless it is shown that the replies given by the accused were untrue or given with the intent or knowledge that those replies..........
Right to Information Act, 2005, Section 23, 7, 19 -- Bar of jurisdiction - Information furnished by a Public Information Officer u/s 7 of the Act can be treated as an order - Those replies are immune to challenge either before civil or before criminal court except by way of an appeal u/s 19 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23, 9 -- Husband filed petition for divorce on ground of cruelty - Wife filed petition for restitution of conjugal rights during the pendency of divorce petition filed by husband - A decree for restitution of conjugal rights was passed as husband agreed to the passing of the decree - Held, mere suffering of a conceded decree for..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Parities can settle their dispute by compromise in respect of a non-suit property...........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Non suit property given in exchange of suit property by way of compromise in the same building - S.17(2)(vi) of Registration Act is attracted - Decree does not require registration...........
