Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of Judgement - Restoration of possession - Warrant of possession with stipulation regarding withdrawal, if stay granted in appeal - Possession delivered - Operation of Judgment stayed subsequently - Benefit taken under the judgment has to be restored - Decree holder directed to restore possession...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Public prosecutor at any stage before judgment, can move Court for withdrawal of prosecution - Discretion to withdraw from prosecution is that of Public Prosecutor and none else...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Ground pleaded that survey number and boundaries not properly given in plaint - Reason adduced not well founded which can be allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission granted to withdraw suit - However, no permission granted to file a fresh suit on the same cause of action - Held, Court can either accept or reject the prayer - Court not justified in partly accepting the application - Matter..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 2, Rule 2 -- Withdrawal of suit - Suit for permanent injunction restraining defendant from interfering with possession - Suit filed for 4.18 guntas where decreed to extent of only 4.02 guntas - For filing suit for possession in respect of remaining 16 guntas plaintiff is not..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Can be granted only if one of the two conditions exist viz. that the suit may not fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Material facts or material particulars to substantiate the plea as to who were the persons who have died or which were the transfers which had taken place during the pendency of the suit and as to what are the 'facets' which have now emerged..........
Criminal Procedure Code, 1973, Section 173(2), 173(8), Indian Penal Code, 1860, Section 420, 466, 467, 471 -- Investigation - Withdrawal of cancellation report - Police thoroughly investigated the entire matter and submitted cancellation report - Later, police sought withdrawal of cancellation report which cannot be permitted - Police can seek permission of Court to make..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Plea that application of withdrawal was based on forged signatures obtained by defendant - Averment that on day of withdrawal her advocate was changed and replaced by advocate of defendant and that suit was mentioned for purpose of withdrawal on day when was not even listed for said..........
Civil Procedure Code, 1908, Order 38, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 55 -- Withdrawal of attachment - Power of Court U.O.38.R.9 does not come to end merely because suit is decreed - Court can exercise its power U.O.38.R.9 even when appeal or execution is pending when sufficient security is furnished...........
