Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement recorded - Plaintiff can withdraw that statement before dismissal of suit as withdrawn...........
Electricity Act, 1910, Section 23(3) -- Schedule clauses VI & X - Application for new electricity large supply connection - Security deposited - Subsequent circulars dated 4.5.1995 and 6.2.1996 - PSEB fixing one time charges, making contract demand higher than 60% of connected load - Additional demand of security over and above already deposited - Applicability of circular..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Appellate stage - Trial Court recorded findings on issues Nos.2 and 3 that the suit was not instituted by a competent person and the same was not maintainable - The finding clearly indicated a formal defect in the suit and on that account suit was bound to fail - Exercise of its discretion by the first..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects pointed out as to drafting of plaint, mis-joinder of parties, non-payment of proper Court fees, non valuation of suit property and not claiming proper reliefs - All the defects could have been cured by plaintiff by seeking amendment of plaint - Permission for withdrawal of suit with liberty to..........
Civil Procedure Code, 1908, Order 23, Rule 4 -- Execution - Parties can enter into settlement even in execution proceedings...........
Prevention of Food Adulteration Act, 1954, Section 23, Prevention of Food Adulteration Rules, 1955, Rule 18 -- Sample - Sent to public analyst - It is mandatory that seal used has to be sent separately - Seal if not sent separately then it violates mandatory provision of Rule 18 which entitles accused for an acquittal...........
Contract Act, 1872, Section 11, 23, 73 -- Promise of marriage - Minor daughter - Breach of - Suit for damages - Contract of marriage taking place when daughter was minor but marriage was to be celebrated after minor had attained majority - Since contract of marriage was not entered into by minor but only by her parents as such on breach of promise to marry a suit for..........
Contract Act, 1872, Section 11, 23, 73 -- Contract of marriage - Minor daughter - Father had requisite authority to enter into a contract of marriage on behalf of minor and also can sue for breach of promise to marry...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - Land acquired in five villages - Area map showing that lands in five villages could be consolidated into one single unit - Entire area was in a stage of development and different villages were capable of being developed in same manner - High Court discarded the belting method and fixed market value..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appellate Court is competent to grant permission to withdraw suit and to institute a fresh suit on the same cause of action...........
