Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Appeal - Transposing of respondent as appellant - Held, principles contained in O.23.R.1A and O.1.R.10 apply to the proceedings in appeal - A respondent in an appeal is entitled to seek himself to be transposed as an appellant, if he satisfies the conditions otherwise...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Appeal dismissed as withdrawn - Does not inhibit the right of the petitioner to apply for transposing himself to be appellant...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Defendant set ex parte - Once an application for transposition is allowed, it is not necessary to set aside the order declaring him ex parte...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Consent decree - Res judicata - There is no res judicata in respect of a consent decree - However, compromise incorporated in a consent decree as long as it is valid, is binding on the parties - Provision of Order 23, Rule 3 CPC makes it abundantly clear that where it is proved to the satisfaction of the Court that there..........
Land Acquisition Act, 1894, Section 34, 28, 23(1)(1A), (2) -- Claimants entitled to get interest on solatium and additional amount - Sunder's case 2001 (2) PLJ 506 SC Followed...........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - Suit cannot be allowed to be withdrawn by one plaintiff without the consent of other plaintiffs...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Several plaintiffs - Suit allowed to be withdrawn by one plaintiff without the consent of other plaintiffs - Restoration application u/s 151 CPC by plaintiff not consenting to compromise is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - One of the plaintiffs not consenting party to the compromise - Plea that when counsel representing the plaintiffs signs underneath the statement made before the Court, then his statement is binding upon the non consenting plaintiff - Held, in view of the fact that..........
Consumer Protection Act, 1986, Section 2(1),(g),14, Motor Vehicles Act, 1988, Section 2(23),10(2) -- Driving licence - Insurance claim - Repudiation - Ground that the Driver of the vehicle did not have a valid driving licence - Driver has licence valid for driving Medium Goods Vehicle and Autorickshaw whereas the Vehicle he was driving was an Ambassador car as a Taxi -..........
Land Acquisition Act, 1894, Section 23(1A) -- Additional compensation @ 12% p.a. on market value of land - Starting point and terminal - Starting point is date of notification u/s 4 - Termination point is date of the award or the date of taking possession whichever is earlier but it must be subsequent to starting point - If possession is taken before notification, the only..........
