Legal Services Authorities Act, 1987, Section 20, Civil Procedure Code, 1908, Order 23, Rule 1 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Lok Adalat on taking cognizance in any matter, referred to it from a Court, can act only in accordance with S.20 sub-sections 4, 5 & 6 of the Act and Lok Adalat cannot allow..........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - 30 days from the date of decree - Limitation would begin to run from the date of knowledge only where summons or notices are not duly served...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - None of three substantial questions of law, formulated at the time of admission of appeal arise for consideration - No other substantial question of law has been mooted to be involved in the appeal - Second appeal dismissed...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - There is no material difference in legal position regarding probative value of a final report submitted u/s 173(2) or S.173(8) Cr.P.C between criminal law and civil law...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of jurisdiction - When plaint is returned for presentation before Court of competent jurisdiction, plaint is considered as a fresh plaint and trial is to be conducted de novo even if it stood concluded before Court having no competence to try the same...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Two Courts having jurisdiction - Parties by consent can confer exclusive jurisdiction on one of the two Courts...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
