Kerala Money Lenders Act, 1958, Section 7(1), Indian Contract Act, 1872, Section 23 -- Interest charged above stipulated rate of interest u/s 7(1) of 1958 Act - Forbidden by law and opposed to public policy - Moreover, if there is agreement to this effect, said agreement cannot be enforced u/s 23 of 1872 Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, Criminal Procedure Code, 1973, Section 468 -- Proceedings u/ss 12, 18 to 23 of PWDV Act - Limitation - None of provisions u/ss 12, 18 to 23 of PWDV Act, speak any relief to be granted for any offence much less by way of punishment or by saying as a deemed offence - Question of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of O.23.R.1(3)(a) CPC -..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Writ petition - Unconditional withdrawal of earlier writ petition - Will bar second petition on same cause of action not in terms of O.23.R.1 CPC but in terms of public policy of not permitting litigants to come to Court time and again on basis of same cause of action...........
Punjab Agricultural Produce Markets Act, 1961, Section 23 -- Claim for market fee - Entitlement - In the instant case, admittedly plaintiff deals in manufacturing of malt and does not deal in processing of barley - Even, preparation of malt does not come within category of processing of barley as malt is end product of manufacturing process - Hence, no market fee is..........
National Food Security Act, 2013, Section 2(4), 2(23), 12(2)(e), Essential Commodities Act, 1955, Section 3 - - PDS items - Allotment - Preference regarding appointment of private retailers - Private retailers not having right in matter of distribution of PDS items after coming into force of 2016 Order - Thus, allotment of PDS items in favour of private retailers merely..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - When a suit is likely to fail on account of a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit, Court may grant permission to withdraw such suit with liberty..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Without permission of Court - Plaintiff is precluded from instituting a fresh suit in respect of such subject matter...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Scope - Provision of O.23.R.1 applies only when cause of action and relief claimed in the second suit are the same as in the first suit - Mere identity of some issues in the suits does not bring about an identity of the subject matter in the two suits...........
