Consent decree -- No family settlement took place between parties - Property was given by way of oral gift - Property being immovable property valuing more than Rs.100/- - Oral gift cannot be effected without registration in view of S.17 of Registration Act - Consent decree rightly held to be null and void and not binding on the rights of plaintiff...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte decree - Setting aside - Service of summons - Mandatory provisions of O.5.Rr.17 & 19 CPC not complied with by process server - It cannot be held by any stretch of imagination that this is mere irregularity in the service of summons - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Civil Procedure Code, 1908, Section 34 -- Interest - Delayed payments - Grant of interest in case of money decree - Only bank rate interest, being given by nationalized bank can be granted - Grant of interest @ 18% per annum reduced to 9% per annum...........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties are staying separately since long - False allegations were leveled by wife against husband regarding second marriage performed by husband - Wife was constantly harassing husband to live separately from his parents - It was the wife who left matrimonial..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Challenge as to - Consent decree based upon compromise can be challenged before same Court which passed consent decree...........
