Civil Procedure Code, 1908, Section 152, Order 23, Rule 3 -- Compromise decree - Court after passing the decree can go into the terms of settlement and interpret the same in the manner as prescribed - Such action on the part of Court is neither beyond the scope as prescribed under S.152 of CPC nor substantial variation or modification of the order which can go to the root..........
Hindu Marriage Act, 1955, Section 13, 23 -- Cruelty - Condonation - Defence even though not taken still it is duty of Court to find whether the cruelty was condoned or not...........
Hindu Marriage Act, 1955, Section 13, 23 -- Cruelty - Condonation - Means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed - To constitute condonation there must be two things - forgiveness and restoration - Condonation is always subject to implied condition that the..........
Hindu Marriage Act, 1955, Section 13, 23 -- Cruelty - Earlier divorce petition filed by husband on ground of cruelty and misbehaviour of wife non-prosecuted on intervention of parents and relatives of wife - Categorical evidence of husband that she assumed her old ways of misbehaviour, misconduct and ill treatment after short time - Wife forcing husband to live separately..........
Hindu Marriage Act, 1955, Section 23 -- Condonation - When not pleaded as defence - Even then it is duty of Court to find whether the cruelty was condoned by the appellant...........
Hindu Marriage Act, 1955, Section 23 -- Condonation - Means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed - Two things are necessary (i) forgiveness (ii) restoration - Condonation is always subject to the implied condition that the offending spouse will not commit a..........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23 -- Judgment on admission - Judgment can be passed if admission is there in the pleadings - As admission for passing the judgment is based on pleadings itself as such it is unnecessary to examine as to what kinds of admissions are covered by Order XII, Rule 6 CPC...........
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23 -- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of execution..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Courts to obtain written compromise from the parties before recording their statements...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Appeal against - Not maintainable - Remedy available is to either file a regular suit or to file a review application challenging the alleged consent decree. (1993 (Supp.) Civil Court Cases 308 (P&H) followed)...........
