Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Evidence on record shows that husband and wife cohabited together and relationship between them was normal and continued without any problem - In such situation, withdrawal of husband from society of wife is unjustified - Moreover, plea of husband that wife suppressed the material..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Withdrawal of application - Filing of application for seeking Withdrawal from prosecution and application not to press application earlier filed are both within the domain of Public Prosecutor - If Public Prosecutor intends to withdraw or not to press the application, he is entitled to do so -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - It is the opinion of PP alone which is material and the ground on which he seeks permission of Court for withdrawal of prosecution alone has to be examined...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of application u/s 321 Cr.P.C. - High Court directing Magistrate to consider application of APP seeking withdrawal of application u/s 321 Cr.P.C. - At the same time High Court also permitted accused to file an application u/s 91 Cr.P.C. - It is difficult to appreciate how S.91 Cr.P.C. can be taken aid of by accused -..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Permissibility - Trial already commenced and case fixed for plaintiff's evidence - Proposed amendment amounts to withdrawal of admission made in favour of other party which is not legally permissible - Amendment declined - Order upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition with liberty to file a fresh one - Technical defects - No factual averments made in support of the fact that there are some factual defects in the pleadings - In the absence of any factual averments to that effect and merely at the asking of applicant, same cannot be accepted by Court as..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Interest - Respondent received payment from appellant by way of interim direction on furnishing a bank guarantee - Entitlement of respondent to said payment stood negated thereafter - Respondent is liable to pay back the amount with 12% interest from the date of withdrawal till the date of actual payment..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - During pendency of application plaintiff instituted subsequent suit - Plea that subsequent suit is instituted with same defects to harass the defendant - Objection that is being sought to be urged not taken before trial Court - No interference in order allowing..........
