Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Bar created by S.23 of the Act removed by amendemnt of 2005 - Trial Court bound to take note of change in law which has taken place during pendency of the case and decide the case as per that law - Respondent held, entitled to get dwelling house partitioned - Order of partition upheld...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Stock and raw material becoming unfit for human consumption - Not an intentional or deliberate act on the part of the complainants in stopping production and allowing stocks and raw material to get spoiled or damaged - It was only because of militant activities and terrorism that the Company could not do..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Pilferage by intruders and staff members - Allegation of pilferage has to be proved - There being nothing on record except a report by an unreliable agency, Commission was right in rejecting Insurance Company's claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defects - Suit for mandatory injunction filed instead of suit for specific performance - Suit was likely to fail on technical defects in framing the suit for mandatory injunction - Order allowing withdrawal of suit with liberty to institute a fresh suit on the same cause of action, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Court can allow the same at any stage of the proceedings when the suit was likely to fail for reasons of some formal defect and also on the ground that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the..........
Civil Procedure Code, 1908, Order 23, Rule 3, Motor Vehicles Act, 1939, Section 110A, Motor Vehicles Act, 1988, Section 173 -- Fatal motor accident - Tribunal awarded compensation of Rs.60, 000/- on the basis of joint statements made by counsels for parties - Terms of compromise not reduced into writing or signed by the parties - Held, compromise could not be given effect..........
Civil Procedure Code, 1908, Order 21, Rule 23(2) -- Execution - Identity of suit land - Vagueness or identity of suit land - Nothing wrong if executing Court directed parties to lead evidence...........
Evidence Act, 1872, Section 22, 23 -- Admission of document - No formal proof is required to prove the same...........
Civil Procedure Code, 1908, Section 22, 23, 24, 25 -- Transfer of case - Law as to - Where several Courts having jurisdiction are subordinate to one appellate Court, an application for transfer may be made to such appellate Court and where such Courts are subordinate to the same High Court then application can be made to the High Court and in case two Courts are..........
Civil Procedure Code, 1908, Section 151, 22, 23, 24, 25 -- Transfer of a case - By exercising inherent powers Court cannot transfer a case as law relating to transfer is contained in Ss.22 to 25 of the Code and they are exhaustive in nature...........
