Arbitration Act, 1940, Section 21, 23, 31 -- Arbitrator appointed by court - Parties participated in proceedings before the arbitrator - Cannot, subsequently, be permitted to challenge appointment of that arbitrator...........
Hindu Marriage Act, 1955, Section 13, 23 -- Petition by husband against wife for dissolution of marriage on the ground of adultery - Condonation - Term consists of two parts - Firstly there should be forgiveness on the part of other party who has been at wrong by sexual lapse and secondly there should be reinstatement of the parties together in their marital life - The..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Earlier Suit withdrawn without leave of court before service of summons on defendant - Subsequent suit on the same cause of action is barred...........
Contract Act, 1872, Section 23 -- Agreement whether opposed to Public Policy or whether its object is unlawful - Two persons agreed to bid jointly but not against each other in public auction - Such agreement is neither opposed to public policy nor its object is unlawful, but only when the intention was neither to peg down price nor to defraud Government to knock out sale..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 30, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 23 -- Three suits - Involving common questions of facts and law - Trial Court heard them analogously and delivered a common judgment governing all the suits - Issues not framed separately in all the three suits and not setting those..........
Contract Act, 1872, Section 23 -- Loan advanced for litigation - On successful establishment of claim borrower to return loan amount and to pay one anna in a rupee of the claim allowed - Object of agreement to influence the authorities to procure a verdict in favour of the borrower - It is against public policy and is unlawful - Advance & consideration for it is one..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- An Advocate is not entitled to effect a compromise without the written consent of the party...........
Hindu Marriage Act, 1955, Section 13(B), Civil Procedure Code, 1908, Order 3, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 23, Rule 1, 4 -- Petition for divorce by mutual consent - Filed by husband and wife jointly - Supported by their affidavits - Wife absent on date fixed - Not sufficient for dismissal of petition when her lawyers and husband are present and lawyer..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appellate Court can allow withdrawal of suit with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Appellate Court allowed withdrawal of suit with liberty to file a fresh suit on the same cause of action - Findings recorded by the trial Court in the previous suit will not operate as res judicata in the subsequent suit...........
