Negotiable Instruments Act, 1881, Section 138, Contract Act, 1872, Section 23(4), Chitties (Kerala), Act, Section 3(1) -- Chitty transaction - Cheque issued by accused in discharge of his liability in Chitty transaction - Chitty conducted by complainant in contravention of Chitties Act - Dishonour of cheque - Accused is liable under S.138 of Negotiable Instruments Act -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Granted on payment of costs - Costs not quantified - Fresh suit filed without paying such costs - Considering fact that parties were brothers and were litigating for two years, costs quantified at Rs.3, 000/- - Plaintiff directed to pay said..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - As per its terms Defendant was to vacate suit hotel within five years - Premises not vacated after five years - Compromise decree challenged on the ground that defendant neither received any suit summons nor engaged any lawyer to defend him in the suit in which..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit can be withdrawn so long as suit is pending - Once suit is decided and decree passed it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit - Therefore, at this stage of appeal, though it may be continuation of the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal where suit dismissed (on merits and not on account of any formal defect) - Cannot be permitted as a matter of right - No absolute right of plaintiff to withdraw suit at the stage of appeal under sub - rule (1) of Rule 1 of Order 23 though appeal may be continuation of suit - Once a suit is decided..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land, determination of - To make average of sale instances of different years (e.g. 1972, 1975, 1976 and 1977) - Not proper - Plea that a cut of 1/3 ought to be imposed when sale instances of very small pieces of land even if of comparable land - Not tenable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - If an appeal is filed by an unsuccessful plaintiff and the plaintiff appellant wants to withdraw not only the appeal but also the suit unconditionally, then such a permission so far as the withdrawal of the suit was concerned, can be granted if there was no question of any adjudication..........
Land Acquisition Act, 1894, Section 23 -- Value of trees - Safeda trees fully grown 6/7 years old at the time of acquisition - Cannot be less than Rs. 100/ - per tree...........
Civil Procedure Code, 1908, Order 41, Rule 24, 23A, 23, 25 -- During pendency of appeal amendment of written statement allowed, additional issues framed and entire evidence of the parties recorded - Once the evidence is there on record sufficient to enable Appellate Court to pronounce judgment - No question of remanding case to trial Court - Merely on the ground that right..........
Land Acquisition Act, 1894, Section 23 -- Assessment of compensation of acquired land - Plea that land located within Lal Lakir which necessarily means within Abadi Deh and therefore market value ought to have been assessed as payable for Chahi land - Not tenable as no positive evidence led to prove that land subject matter of acquisition situated within Abadi and no site..........
