Delhi High Court Act, 1966, Section 17, State of Himachal Pradesh Act, 1970, Section 23, 25 -- Himachal Pradesh (Courts) Order, 1948, Para 32 - Second appeal lies on questions of law as well as of fact when judgment and decree of Trial Court reversed by First Appellate Court and value of subject-matter, where land, is of more than Rs. 250/ - Value of suit land not more..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 23 -- Duty of State Authorities to offer market value of acquired land as compensation - Generally no unanimity amongst parties regarding true market value of land acquired - Provision made in Acts providing for compulsory acquisition for determination of market value by competent judicial or..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appellate Court is competent to grant permission to withdraw suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Permission to withdraw suit whether must be obtained before institution of fresh suit - No - Held it is not really material whether the permission is granted before or after the institution of fresh suit...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Permission to withdraw suit with liberty to bring fresh suit whether can be withheld on the ground that the other party would not be able to rely on S.11 or because some right already recognized in the suit is likely to be undermined - No...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal - defendants can be transposed as plaintiffs and can continue the suit - there is no absolute right in plaintiff to continue suit - Suit pending for the last 15 years - it does not lie in the mouth of the plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Order of Court must show facts and circumstances for forming opinion - Mere reproduction of words of statute - Not sufficient - Counsel for opposite party never opposed i. e. concession of opposing counsel - Court not absolved of its duty to pass order in accordance with law...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Oral request for allowing suit to be withdrawn with permission to file a fresh one - Highly doubtful if on oral request such order can be passed...........
Evidence Act, 1872, Section 18, Civil Procedure Code, 1908, Order 23, Rule 1 -- Counsel for opposite party never opposed prayer for withdrawal of suit with permission to file a fresh one - Concession of counsel being a concession on a question of law - Does not bind the party...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Rival appeals disposed of on the basis of statements of counsel regarding compromise i. e. settlement between the parties - Not necessary to have agreement or compromise in writing signed byparties...........
