Hindu Marriage Act, 1955, Section 23 -- Words "whether defended or not" occurring in S.23(1) of the Act indicate that burden must lie on petitioner to establish his case which affirms those facts which constitute cruelty as a ground of divorce and it is only on satisfaction of Court that a decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - An appeal against compromise decree is not maintainable - In such eventuality, only mode available to a party to assail compromise is to invoke O.23.R.3 CPC, whereby lawfulness of compromise may be examined by Presiding Judge upon a recall application and issue whereafter shall be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Compensation payable to owner of land is determined by reference to price which a seller might reasonably expect to obtain from a willing purchaser...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired has to be valued not only with reference to its condition at the time of notification u/s 4 of the L.A Act but its potential value must be taken into account - In this respect, sale deeds of lands situated in vicinity and comparable benefits and advantages which they have, provide..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Application U.O.2.R.2 CPC and O.23.R.1(4) CPC - For invoking provisions, Court is required to arrive at a specific finding that cause of action in previous suit and suit before it was same - Unless there is similarity of cause of action in previously instituted/withdrawn suit..........
