Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Power of remand not to be exercised very lightly - only in those cases in which it is not possible for appellate Court to record additional evidence that the remand should be resorted to...........
Land Acquisition Act, 1894, Section 23 -- Land Acquisition - Compensation - Interest raised to 9 per cent and solatium to 30% - Additional sums also awarded...........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 20, 23 -- Suit for specific performance of agreement to sell - Question of limitation undecided by High Court - Held, amounts to error in exercise of discretion to refuse relief - case remanded...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 8, 3, 6, 7, 16, 23 - - Challenge to demand of additional development costs - Colony approved under provisions of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963- Exempt from provisions of 1975 Act by virtue of Section 16-..........
Civil Procedure Code, 1908, Section 11, Order 41, Rule 23 -- Remand order - as per remand, inquiry held keeping in view the directions & decree passed - Appeal against - while remanding the case contrary view expressed on a question of law - the same not challenged and becoming final - such decision cannot be re-agitated in appeal from decree...........
Punjab Co-operative Societies Act, 1961, Section 19(2), 2(b), 2(c), 23, 27(3), 85(2)(iv), Punjab Co-operative Societies Rules, 1963, Rule 8(1)(b) - - Bye - laws 27, 28, 29 and 36 of Co-operative Marketing-cum-Processing Society Limited - Question whether General Body of Cooperative Society or its Managing Committee or in case of supersession of Managing Committee..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Any illegality in compromise under Order 23 Rule 3 on the basis of which consent decree passed - Only remedy of aggrieved person - To approach that very Court...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 - - No appeal - No appeal maintainable against consent decree based on compromise entered into between the parties in accordance with provisions of Order 23 Rule 3...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Requirement of document being in writing and signed by parties - Not attracted to satisfaction of plaintiff by defendant in respect of whole or any part of subject matter of suit - Statements of parties recorded by Court containing terms of compromise duly signed by them - Requirement of "in writing and signed by the parties"..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Court cannot pass order simplicity on concession of opposite party - Ragho Sewak Rai's case AIR 1938 Allahabad 450 Dissented - Ram Kumar's case 1987 P. L. J. 170 Reiterated - Court in recording satisfaction may take into consideration concession of opposite party, but cannot solely rely on it...........
