Showing : 71-79 of 79 Results

KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise in partition suit - Son of one of the parties to compromise filed suit to set aside compromise decree on ground that compromise was not lawful - Locus standi - Compromise decree cannot be reopened at instance of a person who was not party to compromise - His suit, held, not..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - As per its terms Defendant was to vacate suit hotel within five years - Premises not vacated after five years - Compromise decree challenged on the ground that defendant neither received any suit summons nor engaged any lawyer to defend him in the suit in which the compromise..........
FINANCIAL COMMISSIONER HARYANA
Year of decision: 1998
Details
Punjab Land Revenue Act, 1887, Section 116, 118, Civil Procedure Code, 1908, Order 23, Rule 3-- Partition - Dispute about watercourse - Compromise between the parties - Written compromise necessary - Collector in appeal and Commissioner in revision referred to mutual compromise - No mutual compromise recorded as stated to have been reached - Order of partition set aside - Case remanded to..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 32, Rule 3, 3A-- Minor - Compromise decree - Suit by minor after having attained majority to set aside the compromise decree - Compromise or agreement entered into on behalf of the minor through guardian is neither void nor voidable under the Contract Act, but still minor can allege after attainment of majority..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Hindu Marriage Act, 1955, Section 28, 13-- Marriage solemnised in 1991 - Wife lodged a complaint complaining harassment by her husband - Compromise - Wife's petition for divorce instituted within six weeks of the compromise - Husband did not appear - Ex parte decree of divorce passed - Wife filing appeal alleging that fraud was committed..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Stay of execution of decree - Valid award passed under the provisions of Forest Act - Civil Court set aside award on compromise between the owner of the land and the Conservator of Forest who had no authority from the State Government - State filing a suit for declaration..........
KERALA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Representative suit - Provision of notice is mandatory and must be substantially fulfilled before a decree can be allowed to stand or passed under it - Notice not issued to all persons interested in the suit - Subsequent orders having been passed upon agreement and compromise between some of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A-- Compromise decree - Setting aside - Application under S.151 to set aside compromise decree is maintainable inspite of provision for appeal against such decree...........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Compromise decree obtained by fraud and collusion and with object to defeat rights of transferee pending litigation - Liable to be set aside - Not binding on transferee...........

Showing : 71-79 of 79 Results