Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal remanded - Non compliance with remand order - Order is illegal, unjustified and without jurisdiction - Invoking the jurisdiction of the High Court justified without filing any appeal against the said order...........
Punjab Co-operative Societies Act, 1961, Rule 23, 25 -- Rejection of nomination paper on the ground: (i) proposer was a defaulter to some Society, or (ii) no 'clearance certificate' had been filed by the candidate concerned along with his nomination paper, or (iii I proposer is inactive member - Illegal - No provision of Act or Rules lays down any of these three reasons..........
Punjab Co-operative Societies Rules, 1963, Rule 3, 4, 5, 23 -- Zones and Zonal lists of voters - Must be exhibited as required by Rules - Notices if not properly exhibited - Not possible for persons concerned to know about Zones and voters to raise objections - Notices should be exhibited 6 clear days before the date of filing objections.
A reading of Rules 3 and 4 of..........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand on a specific question - Finding beyond that question - That finding is beyond the scope of the order of the remand...........
Land Acquisition Act, 1894, Section 23 -- Land acquired and possession taken over by Government - Order of acquisition not traceable - No ground to deny compensation to owner of land - No onus on owner of land to produce evidence of acquisition - Government must either pay compensation for the land or restore the possession of the land to the owner - Constitution of India,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 1M -- Compromise - Effected in Court - Parties making statements and signing them - No appeal lies under Order 43 Rule 1-M - Passing of formal order that compromise be recorded - Not necessary - Parties when disputing factum of compromise - Order by Court that either compromise be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Appeal - Compromise signed by counsel of respondent - Counsel duly authorised - Compromise is binding on the respondent...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Additional issues required to be framed - Judgment in appeal not to be set aside - Appellate Court to seek finding on such issues from trial Court - Appeal to be decided after allowing' the parties an opportunity to raise such additional grounds as they may consider necessary...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Enquiry under the rule envisages two questions being examined, that is - (1) (a) whether there has been adjustment or compromise; (b) whether such adjustment or compromise of lawful and challenge on ground of undue influence, fraud, or misrepresentation make an agreement voidable and hot void and when a compromise is..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23 -- Remand by High Court on a limited question whether entire appeal can be heard by the lower Court - AIR 1970 Madras 328 Followed wherein held that it was not open to the lower Court, when an appellate Court remanded the case to it, to do anything but to carry out the terms of the remand even if it considered that..........
