Contempt of Courts Act, 1971, Section 12 - - Contempt of Court - Withdrawal of an undertaking given to Court - Court may permit a party to withdraw an undertaking provided it is within reasonable time and before the party has availed benefit of order pursuant to said undertaking...........
Central Excise Act, 1944, Section 4, Central Excise Rules, 1944, Rule 173G -- Excise duty - Payment of - Withdrawal of facility to pay duty in instalments on fortnightly basis - Its obligation for the assessee to pay the duty on each clearance and not on deferred basis - Duty can be paid either through account current or Cenvat Credit - Merely because appellant had paid..........
Criminal Procedure Code, 1973, Section 321 -- Illegal gratification - Withdrawal of prosecution - If a public servant is caught red-handed demanding and accepting bribe, prosecution against such officer cannot be dropped on the ground that such officer has retired from services and he took the money recovered from him as a hand loan, as it would amount to making mockery of..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Right to sue for reliefs which was lost by not seeking and obtaining leave of Court at the time of filing of former suit, cannot be restored or revived by simply withdrawing the earlier suit filed for some of reliefs alone or part of claim alone by getting a permission U.O.23.R.1(3)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had already been given in the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Twin requirements of O.23.R.1(3) CPC are: (i) that there is a formal defect in suit instituted which would result in dismissal of suit and; (ii) applicant has been able to show sufficient cause i.e the reason of withdrawal is not vexatious or mala fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of admission made in written statement - Once a written statement contains an admission in favour of plaintiff, amendment to withdraw such an admission cannot be allowed to plaintiff's prejudice and facilitate the setting up of an inconsistent plea from the one earlier taken in first instance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Amendment sought at the stage when evidence was already over and case was fixed for hearing - Order rejection amendment application, upheld...........
