Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Validity - Can be challenged before the same Court - Compromise whether void or voidable has to be determined by the Court - Once it is held that compromise is fraudulent the same per se would be unlawful and the Court is required to declare the same as such...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Power of remand cannot be exercised in cases where Appellate Court can decide the issue considering the evidence on record...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise deed or decree - Construction and interpretation of - Instrument of compromise or compromise decree is to be read as a whole in order to gather intention of parties and for interpretation of any particular part or expression...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Execution of compromise decree - Benefit thereunder - Benefit under decree cannot be defeated merely by death of decree holder - However, decree granting personal benefit for a specific purpose may be executed for that purpose only - Compromise decree in matrimonial dispute -..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case after framing additional issues - Non application of mind as to whether issues already framed required any amendment, modification or alteration - Appellate Court required to pass such order so that trial Court may decide factual aspects avoiding second chance of remand - Order of Appellate Court set aside -..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15(1), Evidence Act, 1872, Section 30, 23 -- Confession - Recorded u/s 15 of TADA is admissible notwithstanding anything contained in Evidence Act or Cr.P.C. - Confession u/s 15 of TADA is admissible in the trial of a co-accused for offence committed and tried in the same case together with the accused..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of withdrawal application - Permissible if fraud is played upon plaintiff or upon the appellant as the case may be...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal dismissed as withdrawn - Restoration of appeal by recalling the order of dismissal as withdrawn - Maintainable if fraud is played upon plaintiff or appellant as the case may be - In the instant case constructive fraud was played on appellant as such order dismissing appeal as withdrawn recalled and appeal restored to..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - Collector fixed Rs.6000/- per bigha and Reference Court enhanced to Rs.10,000/- per bigha and the same confirmed by High Court - Claimants had sold some land which was part of land to be acquired just a few months earlier - Sale price was Rs.7500/- per bigha - In another award whereby land was..........
Land Acquisition Act, 1894, Section 23 -- Determination of market value - Sale by claimants of portion of acquired land - Sales effected at advance stage of acquisition proceedings just before award came to be passed - Cannot be taken to reflect true value of land - Bargaining power of vendors who are statutorily compelled to part with ownership and possession within close..........
