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Results of decree

Showing : 401-410 of 6492 Results

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance under which Court can grant..........

KERALA HIGH COURT

Year of decision: 2018
Details

Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - Order allowing or dismissing application for setting aside ex parte decree is not interlocutory order within ambit of S.19(1) of the Act and thus, it is appealable...........

KERALA HIGH COURT

Year of decision: 2018
Details

Family Courts Act, 1984, Section 19 -- Interlocutory order - Revival of suit or main proceedings is effect or consequence of order allowing application for setting aside ex parte decree - It is not sufficient to clothe such order with characteristics of interlocutory order...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proceedings in application for setting aside ex parte decree is to be treated as independent, separate and distinct proceedings from original or main proceedings - Decision in such application either allowing or dismissing finally terminates proceedings in application - It is an order which..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties living separately for last more than a decade - All attempts of reconciliation through mediation failed - There is absolutely no chance of living together to continue their marital life - In order to ensure that parties may live peacefully in future and their daughter be settled properly in her life, quietus may be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........

KERALA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 112 -- DNA test - Conducted without affording opportunity of being heard to child through its guardian - Report of DNA test liable to be eschewed while considering whether declaratory decree sought by father can be granted - Question of reversal of report does not arise...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally inconsistent with plea..........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife levelled repeated allegations of adultery against husband - Private Complaint u/s 494 IPC was also filed by wife against husband - However, husband discharged from said charge by trial Court in criminal proceedings - Allegations not found true by civil Court, which was not proved..........

Showing : 401-410 of 6492 Results