Protection of Women from Domestic Violence Act, 2005, Section 12, 23, 37 -- Interim maintenance - Exparte ad interim maintenance can be granted - Filing of separate application for interim relief u/s 23 not necessary - However opportunity of hearing has to be afforded to respondent before granting interim relief...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Acquisition of land for development of Industrial Sector No.58 - Entire discussion by Reference Court related to land acquired for development of Industrial Sector No.59 - In matters of valuation, Court are required to consider relevant sale instances - Impugned judgment set aside - Matter remitted..........
Land Acquisition Act, 1894, Section 4, 6, 18, 23 -- Land acquisition - Compensation - Market price - High Court after taking note of the yield notification and price list notified by competent authority for crops determined market value of acquired land - However High Court refused to award compensation at such calculated rate on the ground that claimants have claimed..........
Land Acquisition Act, 1894, Section 23, 18 -- Land acquisition - Compensation - Enhancement by reference Court - State deposited part of enhanced compensation - Extension of time for depositing balance amount granted - Execution petition stayed till extended date for making deposit...........
Registration Act, 1908, Section 23 -- Registration of document - Presentation of decree - Decree can be presented within 4 months from date of its execution - In instant case, in decree it is not mentioned on which date it was actually signed - Therefore, for purposes of S.23 of the Act, time for registration will start from date of release of decree...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Heroin - Recovery of 1.400 Kg. at airport - Cardboard carton in which heroin was concealed not produced in Court - Bulk quantity of heroin also not produced in Court - Nor samples produced - Sample kept at airport for three days - Samples not deposited with Malkhana - Discrepancies in the statements of..........
Protection of Women from Domestic Violence Act, 2005, Section 2(q), 12, 23 -- Domestic violence - Complaint can be against any male or female relative of husband - In the proviso word is `relative' and not male relative...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - In pursuance of family settlement arrived at between the parties consent decree was passed - Consent decree was acted upon - Once consent decree has been acted upon, question of reopening the entire suit by setting aside the decree would not arise...........
Contract Act, 1872, Section 23 -- Family settlement - Fraud - Settlement was not contrary to any statutory provision or was not opposed to public policy - Court is not required to go into the question as to whether contents of settlement are correct or not - Only in a case where fraud on the party or fraud on the Court has been alleged or established, Court shall treat the..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Decree passed on a preliminary issue - Held, O.41.R.23 is applicable - Appellate Court must disagree with the findings of the trial Court on the said issue - Only when a decree is to be reversed in appeal, the appellate Court considers it necessary, remand the case in the interest of justice - It confers a..........
