Civil Procedure Code, 1908, Section 99 -- Irregularity - Non joinder of parties or mis joinder of parties as well as mis joinder of causes of action - These are irregularities in the proceedings in a suit - However, even in such cases Section 99 itself makes an exception in the matter of non joinder of parties - Though it is an irregularity, it can still prejudicially..........
Civil Procedure Code, 1908, Section 13 -- Exception (d) and (e) - Constitution of India. Article 226 - Habeas corpus - Custody of children - Foreign judgment - Fraud - Principles of natural justice - Respondent wife came to India with her two children from Malaysia - Judgment for custody of his children from Malaysian Court obtained by petitioner by not disclosing the true..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - An inference of fact from a document is a question of fact - The legal effect of the terms or a term of a document is a question of law - Construction of a document involving the application of a principle of law, is a question of law - When there is a misconstruction of a document or wrong application of a..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The doctrine of res judicata is not merely a matter of procedure but a doctrine evolved by the courts in larger public interest - What is enacted in Section 11 of CPC is not the fountai, head of the doctrine, but merely the statutory recognition of the doctrine, which rests on public Policy...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 13 - - Civil Procedure Code, 1908, Section 11 -Res judicata - Doctrine of - Findings of the Special Court that Section 13 of Act of 1992 overrides the doctrine of res judicata repelled - Not intended to abrogate all the established principles of law, unless they were directly in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Vesting of surplus land in State - Suit for Declaration and Permanent Injunction filed by plaintiff-respondent in the year 2002 claiming that orders dated 26-12-1977 and 06-07-1981, whereby land in the hands of predecessors in interest was declared surplus are..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
Civil Procedure Code, 1908, Section 33, Order 20 -- Judgment and decree - Wrong citation of the provision of the Act - Suit filed by the wife for claiming maintenance and for creating 'maintenance' as charge on the property - Courts below allowed the suit by placing reliance on Sections 27 & 28 of the Hindu Adoption & Maintenance Act, 1955 and created maintenance amount as..........
Guardians and Wards Act, 1890, Section 25, Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Exparte decree passed under section 25 Guardians and Wards Act giving custody of child to father - Application for setting aside exparte decree - Dismissal of application by holding that as order passed under S.25 Guardians and Wards..........
