Specific Relief Act, 1963, Section 28 -- Power of Court after passing of decree of specific performance - After passing decree for specific performance Court does not cease to have jurisdiction - It retains control over decree even after decree has been passed - Decree of specific performance is a preliminary in nature and trial Court retain its power and jurisdiction to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary evidence for the purpose of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14 -- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife -..........
Civil Procedure Code, 1908, Section 9, 20 -- Jurisdiction - Decree passed by a Court having no jurisdiction is nullity - Such an issue can be raised at any stage of the proceedings - Acquiescence of a party cannot defeat the legislative animation as doctrine of waiver does not apply - Finding of a Court or Tribunal becomes irrelevant and unenforceable/inexecutable once the..........
Civil Procedure Code, 1908, Section 37, 38, 39 -- Execution of decree - Held, Court which passed decree as well as Court to which jurisdiction is transferred are having jurisdiction to entertain application for execution of decree - Court which passed decree can either execute same by entertaining an application or it can transmit decree to other Court which is conferred..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Applicant claiming to be in possession of the suit property - Held, the decree, if any, passed in the suit will be binding against the defendants only and not against the applicant - Plaintiff cannot be forced to implead a party whom he does not want a party in the suit,..........
Civil Procedure Code, 1908, Section 16, Family Courts Act, 1984, Section 7(1) -- Declaratory suit - Place of jurisdiction - Disputed immovable property situated within territorial limits of Family Court, `K' - Principal relief sought for is a decree of declaration of petitioner's right, title and possession of said property - Held, thus, as per S.16 CPC, proceeding which..........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court - Power u/s 47 of the Code - Extent of - Executing court cannot go beyond decree or cannot question correctness of validity of decree except where decree is a nullity or is without jurisdiction...........
Civil Procedure Code, 1908, Section 37, 38, Order 21, Rule 32 -- Execution - Specific performance - Area where property situated transferred to another District - Held, Explanation to S.37 CPC provides that a Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit or after passing of the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
