Divorce Act, 1869, Section 10(1)(iii), 19(3) - - Dissolution of marriage - Lunacy - Husband contended that his marriage be declared as null and void as his wife is lunatic - Wife on the other hand completed her graduation and passed type writing exams in three languages - If wife is in fact a lunatic, question of her being shown as independent party in O.P does not arise..........
Hindu Marriage Act, 1955, Section 11, 5(i), (iv), (v) -- Marriage solemnised after the commencement of the Act "shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions so specified in clauses (i), (iv) and (v) of S.5 of the Act - However,..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Civil Procedure Code, 1908, Section 47 -- Execution - Prayer in the application to declare the decree as null and void - Held, executing Court cannot declare the decree as null and void as it cannot go beyond the scope of the decree - Even the validity of execution proceedings cannot be assailed before the Court which executed the decree...........
Civil Procedure Code, 1908, Section 2(2), 47 -- Decree - Null and void - A decree could be said to be null and void only when the decree is made by a Court which has no inherent jurisdiction to make it - Inherent lack of jurisdiction must appear on the face of the record - Where the objection as to jurisdiction of the Court to pass the decree does not appear on the face..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Interim order - Challenge to - Held, civil Court has jurisdiction in exercise of powers U.O.23.R.3 r/w Rule 3-A CPC to consider if compromise on the basis of which decree is based is not lawful - It is settled principle of law that fraud vitiates all proceedings - Any order obtained by playing fraud..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit against person of unsound mind - Decree passed by Court below without conducting enquiry or without appointing guardian for defendant and without defendant himself filing any written statement or participating in trial - Held, decree against lunatic without guardian being appointed to represent such lunatic, is a..........
Civil Procedure Code, 1908, Section 51 -- Inexecutability of decree - Inexecutability of decree arises, if the decree is found null and void...........
Land Acquisition Act, 1894, Section 4, 30, Civil Procedure Code, 1908, Section 151, 152 -- Land acquired and award passed - Reference decided - Finally High Court granted solatium at 15 percent and interest at 6 percent per annum which became final and binding as no appeal was filed in Supreme Court - Subsequently decree holders filed civil miscellaneous application u/ss..........
Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment - Ceases only when execution application is dismissed unless Court indicates that attachment shall continue - Execution petition when adjourned sine die or closed on account of any moratorium or stay of execution under a statute, or by an order of stay by any Court, or where execution application is closed without..........
