Civil Procedure Code, 1908, Order 23, Rule 3-A -- Maintainability of separate suit to challenge compromise decree - Plea not taken - Held, Court can suo moto decide the question of jurisdiction even in the absence of such a plea...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Service of summons by substituted service by publication in newspaper - Such service not due service in view of Explanation to Art.123 Limitation Act - Application filed within 30 days from date of..........
Consent decree -- Self acquired property - Locus standi to challenge - Consent decree suffered in favour of one son - Other son ignored - Decree challenged by widow and daughter of other son - Property being self acquired, owner had every right to deal with it in any manner - Neither the other son nor his legal heirs have any locus or claim with regard to self acquired..........
Agreement to sell -- Specific performance - Agreement entered into between the minors through their guardian and defendant No.1 - S.20(4) of Specific Relief Act permits the enforcement of contract though the same lacks mutuality - Agreement executed for the benefit of the minors and competence of the guardian to enter into the said agreement on behalf of the minors cannot..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
Evidence Act, 1872, Section 106, 108 -- Civil Death - Presumed death - Burden of proof - Suit by 'PL' for declaration that 'M' not heard of since 1954, presumed dead and 'PL' entitled to succeed to the estate of deceased being nearest heirs - Decreed exparte - Suit challenging exparte decree - Plaintiffs, female relative - Proved to be nearest heirs of 'M' - Not impleaded..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Non impleadment of necessary party - Any decree obtained wihtout implading the necessary parties is null & void...........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3 -- Civil Court - Ouster of jurisdiction - S.4 of Pension Act bars jurisdiction of civil Court to entertain suit relating to pension - S.12 of Pension Act makes an agreement with regard to pension null and void - Compromise decree in a suit which is barred by law is null and void...........
Stamp Act, 1899, Section 2(15) -- Payment of stamp duty - Instrument of partition - Decree of partition being `instrument of partition' is required to be stamped in accordance with provisions of the Act...........
