Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for possession based on tenancy - Relationship of landlord and tenant not established - Plaintiff allowed to withdraw the suit with permission to file a fresh suit for possession based on title to the property...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 29(3), Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Unconditional withdrawal of suit filed under Rent Act - Application for unconditional withdrawal of suit - Rejection of application by trial Court - Revision against - Maintainability - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Even in the absence of `formal defect' for the suit, if there are "sufficient grounds" it is within the power of the Court to allow withdrawal of suit with permission to file a fresh suit - `Sufficient grounds' need not be similar to a "formal..........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary..........
Constitution of India, 1950, Article 228 -- Withdrawal of case by High Court - Exercise of power - Held, in order to invoke Art.228 of Constitution, High Court must be satisfied that case pending before a subordinate Court involves a "substantial question of law" as to interpretation of Constitution and determination of which is necessary for disposal of case...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Duty of Public Prosecutor - Held, delayed FIR, weak chances of conviction, inadequate material are some of the reasons for withdrawal from prosecution - For withdrawal of prosecution the decision of Public Prosecutor/State Govt. must be independent and Public Prosecutor should not act merely as a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Second petition for same relief - Tenability - Withdrawal of earlier writ petition acknowledging the fact that grievance made by RDS regarding rejection of its bid had been rendered infructuous as the works in question remained available for allotment in a..........
