Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Plaintiff not conducting the case in the way it should be conducted - Whether a ground for transposition - Held, No...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Once appellant decides to withdraw appeal - Court cannot stand in the way except in certain exceptional cases - Plea that Municipal Committee not a private individual and where majority of members find that interests of Municipal Committee being sacrificed, they are entitled to come forward to be impleaded as parties and..........
Civil Procedure Code, 1908, Order 23, Rule 1(L), 1(3) -- Withdrawal of appeal - Provisions of Order 23 Rule 1 sub-rules (1) and (3) apply in the same manner to withdrawal of appeals as they apply to suits - Civil Procedure Code gives unqualified right to plaintiff to withdraw from a suit - No provision in the Code which requires Court to refuse permission to withdraw suit..........
Land Acquisition Act, 1894, Section 23 -- Acquired land semi hilly area- Criteria to be used for assessing market value - Market value to be assessed taking into consideration value of trees and grass etc. actually growing on the land at the time of its acquisition besides market value of land itself keeping in view future propensity of land for growth of wild trees and..........
Land Acquisition Act, 1894, Section 23 -- Claimants only tendered certified copy of award of District Judge in similarly acquired land - Plea of State Government that compensation for acquired land cannot be enhanced as evidence about trees etc. not produced in the reference - Keeping in view doctrine of stare decisis and amended provisions of the Act providing for those..........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Land acquisition-compensation - Determination of market value - Power of Appellate Court to remand - Not to be exercised lightly unless evidence is totally lacing-awards should be passed speedily...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 5(f), 11, 12, 23, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Second marriage performed during the life time of first wife - It was not in the knowledge of second wife that husband has a living spouse - Cannot take away right of maintenance of second wife in view..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Non-registration of a partnership firm - Not a formal defect - Thus, permission for withdrawal of suit with liberty to file fresh suit on the same cause of action cannot be granted. (Partnership) Act, 1932, S.69(2)..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same subject matter - It is not open to the court to split up the prayer by allowing the withdrawal of suit and refusing the liberty to institute fresh suit on the same subject matter...........
Transfer of Property Act, 1882, Section 10, Contract Act, 1872, Section 23 -- Registered sale deed-effect of same date agreement that vendee will not further alienate it and if done so then vendor will have the right to revoke the sale-Held the agreement is void ab initio being hit by S.10 Transfer of Property Act and S.23 Contract as once a sale is complete the vendee is..........
