Civil Procedure Code, 1908, Section 24 -- Transfer of case by High Court - Held, High Court had the requisite jurisdiction to withdraw any suit pending in any Court subordinate to it and try or dispose of the same inter alia on its own motion, wherefor even no notice is required to be issued...........
Hindu Marriage Act, 1955, Section 24, 9 -- Main petition for restitution of conjugal rights withdrawn by husband when wife filed application for maintenance - Withdrawal of proceedings should only be allowed when there are certain reasonable grounds for the party to withdraw the proceedings - Order for withdrawal of main petition quashed...........
Banking service -- Deficiency in service - Complainant, having a saving bank account with the opponent bank, alleging that she deposited Rs.20,000/- on 11.12.1987 personally and got entry made in her passbook, but when she went to withdraw the amount, the Bank refused such withdrawal - Contention of the opponent Bank that if the complainant had acted against rules by..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Criminal Procedure Code, 1973, Section 482 -- Registration of FIR - Unauthorised occupation of Panchayat Land - Application by petitioner to DC seeking ejectment - Earlier application dismissed as withdrawn - Respondents' version that Respondent No.4 already initiated proceedings seeking ejectment - Allegation by petitioner that Respondent Nos.4 and 5 threatened to kill..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- 'No instructions' - Before dismissal of suit Court to issue notice to the party - Counsel continues to represent party until he is permitted to withdraw in writing...........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- 'No instructions' - Prayer to be made in writing and before granting leave to withdraw from the case Court to ensure that the party on whose behalf the counsel was appearing has knowledge of such withdrawal from the case...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal of suit - In partition suit even defendants can seek separate possession of their share by paying necessary Court fee and in case of withdrawal of suit they can seek to transpose themselves as plaintiffs and continue suit - Where defendant has sought separate possession and paid necessary court..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit filed in the name of a dead person or a firm which has already been dissolved - Cannot be said to be a formal defect - Withdrawal of such suit with liberty to file fresh suit not permissible - Court cannot permit some other person or entity other than plaintiff to withdraw suit with liberty to file fresh suit on same..........
Consumer Protection Act, 1986, Section 2(c),12 -- Complaint - Maintainability - District Forum vide its order dated 10.9.1999 allowing the Respondent/Complainant to withdraw the complaint on cost of Rs.300 - Respondent filing another complaint - Petitioner/O.P. accepting the costs after the institution of the complaint - There is a positive indication that when the..........
