Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 23 -- Domestic violence - Family Court and Civil Court have jurisdiction in a proceedings pending before it to grant the reliefs u/ss 18 to 22 of DVA also - But certainly there is no power for the Family Court or Civil Court to deal with an application u/s 12 of the Act...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - In absence of challenge to the findings on issues in appeal, Appellate Court cannot remand the case by setting aside the decree on those findings...........
Domestic Violence Act, 2005, Section 12, 23, 24 -- Copies of orders - Interim order passed u/s 23 of the Act - Copy supplied 3 days thereafter - Held, under the provision of S.24 of the Act Magistrate must ensure that copies are supplied to the person concerned before the order is passed - S.24 of the Act must be complied with in letter and spirit...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Retracting therefrom - Only ground alleged that an assurance was held to do certain acts - Held, these are very unspecified and vague as well as unsubstantiated allegations which in any event do not amount to fraud or undue influence, threat, coercion or duress - No iota of allegations as to how the..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Retracting therefrom - If compromise is lawful then Court is under an obligation to record the agreement and to pass decree in terms thereof - In case compromise is brought about by undue influence, threat, coercion or by duress then the same is invalid in the eye of law...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Retracting therefrom - Compromise signed by parties and signed by Advocate alongwith affidavit in support thereof filed - Retracting therefrom - No explanation as to how and under what circumstances Advocate did sign the compromise application if fraud was played - Affidavit supporting the..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Order of remand cannot be passed as a matter of course - Order of remand to be passed only when Court comes to a specific finding that judgment of trial Court is erroneous and liable to be set aside, which is a condition precedent - Order of remand not to be passed on the ground that evidence is not properly..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Suit for declaration that land in question joint Hindu Corparcenary property - Earliar suit filled challenging the sale deed executed by father and for declaration to the effect that land is a joint Hindu Corparcenary property - Suit withdrawn -Subsequent suit challenging Will by father and declaration that land is joint..........
Maharashtra Control of Organised Crime Act, 1999, Section 23(1)(a), 23(2) -- Investigation commenced after approval of concerned authorities - Accused subsequently found involved in commission of crime - Such accused can be proceeded against once sanction is obtained against them u/s 23(2) of the Act...........
Motor Vehicles Act, 1988, Section 167, 143, 147, 149, Workmen's Compensation Act, 1923, Section 2(n), 23 -- Death of deceased in an accident while driving a tractor belonging to his wife - Claim petition filed under Workmen's Compensation Act claiming deceased as `workman' employed by his wife, owner of vehicle - No contract of employment produced - Even as to for what..........
