Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In order to dispose of a suit on the basis of compromise between the parties, there must be a written agreement or compromise duly signed by the parties or their counsel before the Court, so that the Court passes a decree on the basis of that compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Terms of settlement agreed between the counsel of parties during course of hearing recorded in the order and parties were to file a written agreement later on - Held, that the settlement arrived at between the parties during the course of hearing was only a tentative settlement and no decree can be passed unless..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Second appeal - Perpetual injunction - Right to use a passage - Suit filed without seeking relief of declaration of such right - Maintainability of suit - Suit can be maintained if plaintiff claims right of exclusive possession over the property - Therefore, declaration as to the right to use..........
Unclean hands -- A litigant who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side, then he would be guilty of playing fraud on the Court as well as on the opposite party - A judgment and decree obtained by fraud does not operate as..........
Rent and Eviction -- Bona fide requirement - Must not only exist on the date of filing of eviction petition but must also subsist till the final decree of eviction is passed - If, in the meantime, events crop up which would show that the landlord's requirement no longer subsists then the action must fail...........
Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........
Consent decree -- Challenged in civil suit on grounds of fraud & impersonation - Suit resisted on the ground that another decree suffered by the plaintiff in favour of her brother in respect of land situated in other village, inherited from maternal side, therefore, she could very well suffer decree in respect of land inherited from paternal side - Sufferance of the decree..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Construction raised during pendency of suit - Such construction is hit by doctrine of lis pendens and it does not effect the rights of the decree holder...........
Contempt of Courts Act, 1971, Section 13 -- Civil Contempt - Mere inaction on the part of Government or its servants does not amount to contempt of Court - Essence of offence of Contempt of Court is willful disobedience to any judgment, decree, direction or orders of a Court not mere inaction to give effect to it. 1974(2) ILR (FB) relied...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Construction by Judgment Debtor on land in dispute during pendency of suit - Construction not to effect the rights of decree holder - Construction do not confer any legal and equitable right in favour of judgment debtor - Construction raised during of pendency of suit hit by doctrine of lis pendens...........
