Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Lawful agreement - It is not necessary for Court to say in express terms that it was satisfied that compromise was a lawful one - There is presumption that Court was so satisfied unless contrary is proved...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Provision of O.23.R.3 CPC casts an obligation on Court to be satisfied that a suit has been adjusted wholly or in part by a lawful agreement or compromise in writing and signed by the parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Satisfaction of Court - Applications for accepting agreements - Clauses of agreement reproduced in verbatim - Affidavit in support of applicaitons - Sufficient material before the Court to hold that the suit had been adjusted - Not necessary for Court to say in extra terms that it is satisfied that the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Obligations cast on Court - (i) Satisfaction that the suit has been adjusted wholly or in part by lawful agreement or a compromise in writing and signed by the parties - (ii) Order recording the agreement - (iii) To pass decree in accordance with agreement or compromise...........
Registration Act, 1908, Section 17(1)(b), 17(2), Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree passed on the basis of family arrangement/agreement - Agreements merged in the decree of Court - Court decree exempt from registration...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Three agreements executed between the parties to resolve disputes - Terms and conditions of one agreement not conflicting with the terms and conditions of the other - Parties separately signed their respective agreements - Approached Court at different times in terms of their agreements - Not necessary for..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - It is discretion of Court - Discretion to be exercised where Court is satisfied that suit is filed with a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the same cause of action - Court has..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Simpliciter suit for injunction - Defendant setting up plea of exclusive possession - If permission is granted to withdraw suit and to file fresh suit for declaration and injunction right of defendant would be greatly prejudiced - Permission..........
Civil Procedure Code, 1908, Section 23(3), 22 -- Under S.23(3) an application for transfer of a suit or proceeding is maintainable before a High Court even where the proposed transferee Court is subordinate to any other High Court if ingredients of S.23(3) read with S.22 CPC are satisfied...........
Land Acquisition Act, 1894, Section 4, 6, 23 -- Land acquisition - Compensation - Market value - Computation - Court has to apply the comparable sales method as also situation of the lands - Lands sought to be compared must be similar in potentiality and nature...........
