Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Compromise - During pendency of second appeal - A party who acquired interest pendente lite, cannot prevent parties from reaching settlement between them and impleading application on behalf of such party need not be entertained, particularly when no such application was filed..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 10, 23, Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Gift deed by senior citizen - Cancellation - Res judicata - Bar of O.2.R.2 CPC - In an earlier application, gift deeds were not cancelled, but alternatively shelter was provided by Tribunal..........
Hindu Marriage Act, 1955, Section 13, 23(1) -- Divorce - Petition by wrong doer - When spouse sues for dissolution of marriage after taking advantage of his or her own wrong or disability also, S.23(1) of the Act empowers Court to refuse relief sought notwithstanding that truth of allegation was not denied specifically or by necessary implication...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 4, 23 -- Senior citizen - Death during pendency of proceedings - Legal heirs of senior citizen not entitled to pursue proceedings before Tribunal...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh on same cause of action - Relief cannot be split up by allowing withdrawal of suit and refusing liberty to institute fresh suit - Application U.O.23.R.1(3) CPC should be treated as a whole - Impugned order allowing withdrawal of suit and refusing liberty to institute fresh suit,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of ex-daughter-in-law and grandsons - Property of father-in-law - Tribunal u/s 23 of the Act can issue an eviction order against ex-daughter-in-law and grandsons to ensure that senior citizen may live peacefully in his house...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, 23 -- Eviction of ex-daughter-in-law and grandsons - Property of father-in-law - Father-in-law claimed that petitioners mentally tortured, harassed and assaulted him with registration of false cases against him - Admittedly, petitioners are living in the house of father-in-law with his permission..........
