Limitation Act, 1963, Article 59, 113 -- Consent decree - Setting aside - Limitation - Three years - Plea that decree if invalid being not registered then no period of limitation applies - Decree passed on the basis of memorandum of understanding executed of past transaction between joint owners of Joint Hindu Family - Consent decree thus passed does not require..........
Consent decree -- Obtained by fraud and impersonation - Once it is found that judgment and decree is obtained by fraud and impersonation, then it vitiates all judicial acts...........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration - Family settlement - Property partitioned - Memorandum of understanding recording past family settlement / partition executed - Consent decree passed - Consent decree only recognised pre-existing rights - No new rights created or existiguished - Decree does not require registration...........
Limitation Act, 1963, Article 113 -- Limitation for challenging decree - Consent decree suffered in 1995 - Suit challenging consent decree filed in 2000 - Decree challenged on the ground of exercising undue influence and want of registration - Decree found to be legally passed - Period of limitation of 3 years starts from date of decree - Suit hopelessly time barred...........
Civil Procedure Code, 1908, Section 2(2), Legal Services Authorities Act, 1987, Section 20, 21 -- Award of Lok Adalat - Nature of - Recovery suit - Referred to Lok Adalat by consent - Hearing opportunity also given to defendant before referring matter - Defendant willing to compromise and also signed award - Defendant estopped from challenging finality of award - Every..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Customary divorce deed/consent deed whereby wife relinquished her claim for past and future maintenance - Held, unless there is decree of divorce passed by competent Court, marriage cannot be dissolved by such consent deed and/or divorce deed - Such divorce deed/consent deed is illegal and has no effect on the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If respondent was forcibly evicted on..........
Consent decree -- Family settlement - Decree recording a family settlement - Does not require registration - Even a person who does not have right of inheritance but is closely related member of the family, could be covered by the family settlement. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Consent eviction decree - Challenged as being obtained by fraud by putting an imposter - Plaintiff not to be dispossessed during pendency of suit...........
Hindu Marriage Act, 1955, Section 13 -- Marriage - Dissolution before Panchayat - Marriage can be dissolved by a decree of divorce by the Court and not in any proceedings before the Panchayat and wife is not bound by the compromise unless of course she herself consents to the same and gives her consent in proceedings seeking divorce before the matrimonial Court...........
