Hindu Marriage Act, 1955, Section 13B, 23, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Civil Procedure Code, 1908, Order 5, Rule 21, 23 -- Service of summons on a defendant residing outside jurisdiction of Court - Summons have to be first sent to the Court having jurisdiction where defendant resides and that Court would thereupon proceed to serve the defendant as if the summons were issued by that Court - Summons by registered post acknowledgement due cannot..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Consent award ought not to have been relied upon and/or considered for purpose of determining compensation in case of another acquisition, particularly when there are other evidences on record...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Notification for acquisition of land issued in 2008 - High Court determined the compensation solely relying upon consent award in respect of land acquired in the year 2011 which was acquired for a different purpose - Order of High Court set aside - Matter remanded back to High Court for fresh..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of first instance, if disposes of a suit on a preliminary point, provision of O.41.R.23 CPC enables appellate Court to remand case to Court of first instance for determination of such suit on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - While considering sale deed/sale exemplar, proximity in time to date of sale deed and to the date of notification u/s 4 of the Act, may be a relevant factor but at the same time, other factors are also required to be taken into consideration while determining actual market..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - High Court while relying upon comparable sale deed, has not discussed the area of land sold by said sale deed - Even, High Court neither discussed sale consideration for which said sale deed was executed nor location of land is discussed - Only observation made by High..........
