Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Doctrine of merger -- Means that at one point in time, only one decree can subsist...........
Doctrine of merger -- When a higher forum entertains an appeal on merits, doctrine of merger would apply...........
Doctrine of merger -- Principle of merger though often applied to judgments and decrees, extends equally to orders that stand impliedly nullified or rendered redundant by superior judicial pronouncement...........
Doctrine of merger -- It is founded on the rationale that there cannot be more than one operative decree at a given point of time - Doctrine of merger applies irrespective of whether appellate Court has affirmed, modified or reversed the decree of trial Court...........
Doctrine of merger -- It is founded on the rationale that there cannot be more than one operative decree at a given point of time - Doctrine of merger applies irrespective of whether appellate Court has affirmed, modified or reversed the decree of trial Court..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Cannot apply unless and until entire interest of lessor stands acquired by lessee and there has to be complete union of whole interest...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage performed after grant of decree of divorce but during pendency of appeal filed thereagainst - Appeal dismissed confirming decree of divorce - Doctrine of merger comes into play - Decree would operate from date of original decree of divorce of Family Court - Appellate decree reverts back to date of decree of..........
