Co-owner -- Seeking possession beyond his share - Any one owner out of the co-owners can seek possession of the entire joint land - Such co-owner would do so on his own behalf, in his own right and as an agent of other co-owners - Consent of other co-owners would be assumed to have been taken unless it is shown to the contrary that co-owners were not agreeable and despite..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge thereto - Merely because trial Court before whom application for consent decree was presented, referred the matter to Lok Adalat, cannot be a ground to doubt genuineness of consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period waived - Application allowed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal - Parties are living together along with their son - It is thus, never too late to mend ways - Decree of divorce by mutual consent held, set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Period mentioned u/s 13-B(2) of the Act is not mandatory but directory as held by Apex Court in the case of Amardeep Singh...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months statutory period - Parties lived together only for three months and after which they have separated on account of irreparable differences - Parties are living apart for more than eleven years - Marriage has irretrievably broken down - No useful purpose would be served in keeping..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
