Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Obtained by fraud and misrepresentation - Court which passed the order has inherent jurisdiction to set aside the order - No separate civil suit is required to be filed for this purpose...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - On filing of fresh suit order passed in previous suit staying execution of decree will not revive...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 22, Rule 4 -- Compromise decree - Compromise signed by one of the L.R's binds the entire estate of deceased and binds all legal heirs even though one or more of the legal representatives are not impleaded...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If respondent was forcibly evicted on..........
Civil Procedure Code, 1908, Order 23, Rule 1, 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit - Application for withdrawal by plaintiff - Some of the defendants moved application to be transplanted as plaintiff against other defendants - Trial court to see the subsisting questions to be decided first - Dismissal of application after consideration of case - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 23, 25, 28, 29, 30, Indian Penal Code, 1860, Section 120B -- Opium - Recovery from truck - Conviction of registered owner of truck - Vehicle sold much earlier to recovery of contraband but registration of vehicle not changed - In absence of proof of conspiracy and control over vehicle or to show that he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 23, 25, 28, 29, 30, Indian Penal Code, 1860, Section 120B -- Opium - Recovery from truck - Driver of truck knowing about the presence of contraband in the vehicle and about the illegal transportation of the same - Driver a convict for the first time - Sentence reduced from 14 to 10 years...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recorded in police station during pendency of suit - Suit cannot be disposed of except by recording compromise and that too by following the procedure, and recording the satisfaction, contemplated by O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At appellate stage - No explanation as to why an application not filed before trial Court seeking permission of Court to withdraw suit with liberty to file fresh suit - Trial Court on the basis of material available on record, decided the suit on merits against the plaintiff - After judgment and decree by..........
Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Compensation - Normally in cases where compensation is awarded on yield basis, multiplier of 10 is considered proper and appropriate...........
