Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge by stranger - Compromise decree cannot be challenged by stranger to proceedings in a separate suit, in view of specific bar U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Occasion of remand would arise only when factual findings of trial Court are reversed and a retrial is considered necessary by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Will - Parties had adduced all their evidence, whatever they wished to and it had not been case of plaintiff that they were denied any opportunity to produce any particular evidence or that trial is vitiated because of any alike reason - High Court meticulously examined the evidence and circumstances and..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Transit Marine insurance Policy - Storage, unpacking and assembly of helicopter, would fall outside the scope of expression `ordinary course of transit' terminating coverage under policy - Insurance claim rejected...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Transit Marine insurance Policy - Transit policy covered such risks that may have arisen by venture or operation being carried out in usual or ordinary manner and did not include risks that were out of scope of policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Transit Marine insurance Policy - Once party decided to leave goods in hangar for its commercial convenience not associated with or in furtherance of requirements of their carriage, transit insurance ended...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
Constitution of India, 1950, Article 23, Constitution of Jammu and Kashmir, 1957, Section 124, 126, 19 -- Withholding of salaries of petitioners/Class-IV employees in offices of Block Medical Officer - On ground that controversy of incorrect allotment of GP fund Computer Code numbers is pending - Where the petitioners are rendering their services, notwithstanding pendency..........
