Civil Procedure Code, 1908, Order 23, Rule 3 -- `In writing' & `signed by the parties' - Counsel possessed of requisite authorization by vakalatnama, can act on behalf of his client - The words `by parties' refer not only to parties in person, but their attorney holder or duly authorized pleaders - Statements recorded by Court amount to a compromise in writing...........
Civil Procedure Code, 1908, Order 23 -- No appeal is maintainable against a consent decree having regard to the specific bar contained in S.96(3) CPC ; (ii) No appeal is maintainable against the order of the court recording the compromise or refusing to record a compromise in view of deletion of clause (m) Rule 1 Order 43 CPC; (iii) No independent suit can be filed for..........
Civil Procedure Code, 1908, Order 23 -- Compromise decree - Validity - Remedies available - The only remedy available is to challenge the compromise decree in the Court which recorded the compromise and made a decree in terms of it and establish that there was no compromise - Court which recorded compromise will itself consider and decide the question as to whether there..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Provision of O.23.R.3 consists of two parts - First part refers to situation where an agreement or compromise is entered into in writing and signed by the parties and agreed terms are reduced into writing - Second part refers to cases where the defendant has satisfied the plaintiff about the claim - A writing is required in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to institute a fresh suit - Permission cannot be granted to institute fresh suit in respect of a different subject matter - Subject matter mentioned in O.23.R.1(3) evidently includes the cause of action as well...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit after remand by Appellate Court for a limited purpose - Plaintiff is not entitled to circumvent the remand order and get nullified the findings therein under the guise of instituting a fresh suit after withdrawing from the suit U.O.23.R.1(3) CPC...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iv), 13A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23 -- Vesting of land in Gram Panchayat or proprietors - Jurisdiction of Director Consolidation - Land recored as 'Burd Baramadi' i.e. subject to river action - Gram Panchayat claiming title over land on the..........
Hindu Adoptions and Maintenance Act, 1956, Section 20, 18, 19, 23, 25 -- Marriage expenses of daughter - Petition by daughter against father - Such a petition under Hindu Adoptions and Maintenance Act is not maintainable...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Awarded at the rate of Rs.85,000/- per ace for Chahi land - Award maintained by District Judge - High Court enhanced compensation at Rs.1,75,000/- per ace on a finding that Urban Estate Phases had come up in the land of that village earlier and land of claimant was at a distance of three killas..........
Land Acquisition Act, 1894, Section 23(1)(a) -- Benefit of additional amount - Award of LAC dated 4-8-1981 - Land owners not entitled to additional amount u/s 23(1)(a) of the Act, as the award of LAC is prior to 23.4.1982 - K.S. Paripoornan's case AIR 1995 SC 1012 relied...........
