Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file fresh suit - Plaintiff failed to mention any ground more so sufficient ground for allowing him to institute fresh suit for same subject matter - Application to withdraw suit filed after more than 5 years of filing of suit - Having made suit progress considerably for a long period of..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Policy taken to protect against failure of foreign buyer in paying Indian exporter for goods exported - It was not policy taken to cover in-transit insurance - Date of loading goods onto vessel which commenced one day prior to effective date of policy is not as significant as the date on..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 15, 16, 17, 18, 18A, 19, 20, 23, 38 -- Bail - Offence u/ss 10, 13, 15, 16, 17, 18, 18-A, 19 20, 23, 38 of 1967 Act - Accused has been in custody as an undertrial prisoner for a period of nearly 8 years - One of co-accused has been released on bail - However, role..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Plaintiff is required to establish that suit suffers from a formal defect or there are sufficient grounds for allowing plaintiff to institute a fresh suit for the same subject matter - In the instant case, Court while allowing withdrawal of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for purpose of determining compensation...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Generally, compensation shall not be determined on square foot basis - However, Court may determine compensation on square foot basis after making a reasonable deduction towards development charges in case there are no other sale instances available...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired in question is a large extent of agricultural land not fully developed - Sale instances relied upon by landowners pertain to very small plots/parcels of land and that too in respect of small plots which were developed and converted to non-agricultural use and distinguishing..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of second appeal with liberty to file fresh suit - Suit for permanent injunction - Technical defect in suit not mentioning proper details of encroachment - Defendant not having serious objection to application - Plaintiffs permitted to withdraw appeal with liberty to file fresh suit in accordance with law...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23, 22 -- Eviction of son and daughter-in-law residing in self acquired property of senior citizens - Safety and security of senior citizens shall be in jeopardy unless son and daughter-in-law are evicted - Son is not expected to brand his aged father a `swindler' or then allege that aged parents..........
