LawMirror.com

Results of consent decree

Showing : 21-30 of 88 Results

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Consent decree - One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Held, a decree which is passed on the basis of compromise based on enquiry is not a consent decree...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3, 3A -- Consent decree - Appeal thereagainst does not lie being barred u/s 96(3) CPC...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950 - - Divorce by mutual consent - Parties arrived at settlement during pendency of SLP from the order of maintenance - Memorandum of settlement accepted as it is in the interest of parties and their children - Since parties have also agreed for annulment of marriage, decree of divorce granted u/s.13-B of..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Consent decree -- Fraud - It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law - Such a judgment/decree, by the first court or by the highest court, has to be treated as a nullity by every court, whether superior or inferior - It can be challenged in any court even in collateral..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Consent decree -- Fraud - Judgment and decree obtained by playing fraud - Appellant, rustic and illiterate woman, taken to Court by a relation on plea of creation of lease deed - In hurried manner, plaint presented, written statement drafted and filed, statement recorded and decree obtained within 3 days only on basis of consent in written statement - No iota of evidence..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 494 -- Divorce by mutual consent - Decree set aside by Appellate Court - Husband solemnized second marriage after about one month of setting aside decree of divorce - Evidence on record showed that husband was not aware of fact that decree of divorce has been set aside - Held, no offence u/s 494 IPC made out...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Period of six months - Waiver of - Parties litigating for 6 years - Parties entered into compromise whereunder husband to pay Rs.2.25 crores to wife as full and final settlement of all disputes - Divorce petition filed by parties u/s 13-B - Held, period of six months waived in interest of justice in view..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 12, Rule 6 -- Compromise or consent decree - A judgment or decree passed as a result of consensus arrived at before Court, cannot always be said to be one passed on compromise or settlement and adjustment - It may, at time, be also a judgment on admission...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 96(3) -- Consent decree - No appeal lies thereagainst...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree cannot be passed if second motion is not made within the period of 18 months even when consent is not withdrawn within period of 18 months - Filing of second motion is mandatory requirement of law...........

Showing : 21-30 of 88 Results