Civil Procedure Code, 1908, Order 23, Rule 3 -- Counsel compromising suit on the ground that parties do not come even after repeated requests - Not proper - The course open to counsel is to report no instructions...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Defect pointed out in the written statement and inspite of that plaintiff still continued with the suit - Cannot be allowed to withdraw suit with permission to file fresh suit on the same cause of action at appellate stage...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 23 -- Maintenance pendente lite & Litigation expenses - Application pending - Plaintiff applying U.O.23.R.1 CPC for withdrawal/abandonment of the suit - Court can decide the application for maintenance pendente lite before disposal of the prayer for withdrawal/abandonment of the suit...........
Contract Act, 1872, Section 23 -- Agreement to sell executed on 8.4.1965 - No existing law prohibiting alienation of land on that date or on the date of 22.2.1979 when judgment was delivered in the suit - Agreement not against public policy and therefore not hit by S.23 of contract Act...........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Partition - Female heir - Can claim partition of dwelling house if there is only one male heir of Hindu intestate - If there are more than one male heir, right of a female heir is postponed till male their chooses to file suit for partition - Her right does not extinguish but only is postponed where there are more..........
Hindu Marriage Act, 1955, Section 23(1)(ia) -- `Wrong' - The conduct alleged has to be something more than a mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled...........
Civil Procedure Code, 1908, Section 151, Order 23 -- Compromise - Suit withdrawn - Compromise not acted upon - Plaintiff not as fault - On an application the suit should be restored and the Court should proceed with such suit from the stage it was withdrawn - Consequently if any injunction was granted in the suit, the same would continue to operate during the pendency of..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Consent decree - When operates res judicata? A decree passed on the basis of a compromise by and between the parties is essentially a contract between the parties which derives sanctity of the Court superadding its seal to the contract. But all the same the consent terms retain all the elements of a contract to..........
Land Acquisition Act, 1894, Section 23, 51A -- Market value of land acquired - Prevailing prices as on the date of the publication of the notification u/s 4(1), the sale transactions of the same lands or sales of land situated in the neighbourhood furnish evidence of comparable sales - In the instant case comparative sale deeds were filed but not proved as required by law..........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Remand of suit for disposal afresh - After remand, applications filed to summon witnesses, to produce documents, to recall certain witnesses and to condone delay in filing..........
