Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - National Commission ought not to have gone beyond the grounds of repudiation and into the nature of policy coverage - Order of National Commission as well as State Commission set aside - Matter remanded to State Commission for taking decision afresh on the claim of appellants on the grounds which..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Compromise decree which is vitiated by fraud, coercion or misrepresentation, undue influence or mistake can be recalled by same Court - Separate suit to challenge such decree is clearly barred by O.23.R.3-A CPC...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Appellants/claimants entitled to same compensation as determined by High Court under same notification to other land owners - However, since there is delay in preferring appeals, appellants shall not be entitled to statutory benefits including interest under the Act on enhanced..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit - Plaintiff failed to assign any reason for grant of leave to withdraw suit with liberty to file fresh suit - Application rightly rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Magistrate exercising jurisdiction under PWDV Act has power to refer matter before it to mediation applying principles of S.89 CPC, record compromise and pass an order in terms of settlement applying principles of O.23.R.3 CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Reliefs under the Act - PWDV Act is generally of civil kind and reliefs thereunder are of civil nature and forum prescribed to secure reliefs is criminal Court - Proceedings that deals with right of civil nature do not cease to be so just because forum for its enforcement prescribed by statue is the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Proceedings u/ss 12, 23 of PWDV Act - Petitioner pleaded that he was compelled to sign compromise agreements, without understating the consequences of its terms - However, said allegation is vague in nature, as there is nothing to..........
