Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal from society without reasonable excuse - Must be demonstrated...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Plaintiff sought withdrawal of suit on the ground that certain pleading has been left and material documents have also not been filed - However, such nature of defect is curable - No formal defect or sufficient ground has been established by plaintiff - Application rightly..........
Land Acquisition Act, 1894, Section 48 -- De-acquisition of land - Power of withdrawal from an acquisition u/s 48 of the Act can be exercised by Government only in respect of an acquisition where possession of land has not been taken - Therefore, it was not open even to Government to withdraw from acquisition of subject land after possession was taken over...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Divorce Act, 1869, Section 32 -- Restitution of conjugal rights - Without rendering a definite finding that there has been withdrawal from conjugal company without reasonable excuse or cause, restitution of conjugal rights cannot be ordered...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - State has power to withdraw prosecution at two stages, one is before framing of charge or after framing of charge...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Case cannot be withdrawn merely when government has issued a Government Order and public prosecutor should also apply his mind by mentioning in his application filed u/s 321 Cr.P.C. that he is satisfied that application has been made under good faith and in the interest of public policy and justice...........
