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Results of consent decree

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Showing : 51-60 of 115 Results

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consent - Decree cannot be passed if second motion is not made within the period of 18 months even when consent is not withdrawn within period of 18 months - Filing of second motion is mandatory requirement of law...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Any of the parties can withdraw his consent at any time before the passing of the decree - Unless there is a complete agreement between husband and wife for the dissolution of marriage and unless Court is completely satisfied, it cannot grant a decree for divorce by mutual consent...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty and desertion - Failure to prove the grounds - High Court in appeal dissolved the marriage on payment of Rs.10 Lakhs by husband to wife - Held, marriage under Hindu Act can be dissolved only on any of the grounds as enumerated u/s 13 of the Act - Law does not permit the..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree is as binding upon the parties thereto as a decree passed by invitum...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Limitation Act, 1963, Article 59 -- Consent decree - Fraudulent decree - Suit to set aside - Limitation - Suit filed about five years after passing of the consent decree - Fraud came to notice about two and half month before filing of the suit - Such decree is nothing but a nullity - Held, suit is filed within time...........

Showing : 51-60 of 115 Results