Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Prayer of plaintiff to withdraw the suit with liberty to file afresh cannot be split up - Court shall either refuse both the prayers or allow as a whole...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a), (b) -- Withdrawal of suit - Expression `sufficient grounds' not restricted to formal defects or those analogous thereto appearing in O.23.R.1(3)(a) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Lack of clarity in application cannot come in the way of plaintiff to get permission to file a fresh suit on self same subject matter or cause of action of suit already filed by her upon its withdrawal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 23(1), 33, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 9, Constitution of India, 1950, Article 14, 19(1)(g), 21 -- Provision u/s 23(1) Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 23(2), 33, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 9, Constitution of India, 1950, Article 14, 19(1)(g), 21 -- Provision u/s 23(2) Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)..........
Consumer Protection Act, 1986, Section 23 -- Loss due to fire - Insurance claim - Three surveyors - No valid reasons not to accept report of first surveyor - No proof that such report is arbitrary and excessive - No cogent reasons to appoint surveyors time and again till such time one surveyor gives a report which could satisfy the interest of Insurance Company - Report of..........
Consumer Protection Act, 1986, Section 23 -- Loss due to fire - Insurance claim - Three surveyors - First surveyor accepted the claim of Rs.54.93 lakhs - Second surveyor accepted the claim of Rs.24.76 lakhs - Third surveyor total repudiated claim - No valid reasons nor any proof that report of first surveyor is arbitrary and excessive - No cogent reasons to appoint..........
