Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - Not permissible when cause of action itself changes and nature of suit also changes...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Maintenance pendente lite - Non payment - Defence can be struck off if default is found to be deliberate and wilful - However, such an order ought to be passed only as a last resort...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Though statue makes it imperative to present an instrument for registration within four months from date of its execution, however, no time is fixed within which a deed presented and accepted for registration must be registered...........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Lease deed - Challan is paid within prescribed period of four months from date of execution of subject lease deed, which was accepted by Registering authority - However, due to COVID-19 Pandemic registration dates were rescheduled from time to time - Since challan was paid registration dates..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction order - Power of Tribunal - No power is vested in Tribunal to direct eviction simplicitor from property at the instance of senior citizens - However, Tribunal is fully empowered to direct children/relatives to provide for residence on an application being filed under Chapter II of the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son and daughter-in-law - Property of senior citizen - Allegation that daughter-in-law had slapped the mother-in-law and on several occasions had issued threats and thus, there was apprehension and fear lurking in the minds of mother-in-law and her husband - District Magistrate..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
