Hindu Marriage Act, 1955, Section 23(1) -- `Wrong' - Mere disinclination or silence upon receipt of letters inviting spouse for cohabitation - Does not constitute wrong u/s 23 of the Act so as to disentitle such spouse, keeping only silence, to the benefit of statutory right flowing from S.13 of the Act...........
Hindu Marriage Act, 1955, Section 13, 23 -- Res judicata - Earlier judgment passed between parties upon wrong interpretation or incorrect interpretation - Interpretation of S.23 of the Act changed by Supreme Court subsequently - Held, earlier adjudication between parties does not amount to res judicata in subsequent petition...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandoning of suit - If a suit is to be abandoned plaintiff need not establish ingredients as provided in O.23.R.1(3) - Leave of Court is not necessary...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandoning of suit at appellate stage - Leave of Court has to be obtained to abandon suit at appellate stage...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Grant of leave envisaged U.O.23.R.1(3) is at the discretion of the Court and that discretion is to be exercised by Court with caution and circumspection...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In order to dispose of a suit on the basis of compromise between the parties, there must be a written agreement or compromise duly signed by the parties or their counsel before the Court, so that the Court passes a decree on the basis of that compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Terms of settlement agreed between the counsel of parties during course of hearing recorded in the order and parties were to file a written agreement later on - Held, that the settlement arrived at between the parties during the course of hearing was only a tentative settlement and no decree can be passed unless..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Framing of additional issue - Merely because an additional issue is framed Appellate Court cannot set aside the findings of trial Court on all issues without going into the merits of the case - Appellate Court can decide the appeal on merits after getting report from the trial Court on the additional issue so..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of compensation - Reliance on sale deed ranging between 1984 to 1989 - In sale transactions huge variation in the value of land ranging from Rs. 200/- to 900/- per sq. yds. - Sale transactions not depicting the real value of land...........
