Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is a nullity can be subject matter of objection u/s 47 CPC - Decree which is even erroneous either in law or on facts cannot be made subject matter of objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 - - Res judicata - Title of suit is already decided between parties in earlier suit - Present suit is thus, barred by res judicata - Even otherwise, suit is filed against dead person which is nullity - Plaint rejected...........
Fraud -- Vitiates all judicial acts whether in rem or in personam and that a judgment, decree or order obtained by fraud has to be treated as non-est and nullity and can be challenged in any Court at any time...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Transfer pendente lite - Sale deed executed during pendency of suit is void ab initio document - Decree for setting aside same would not be necessary, as same is non est in eyes of law, as it would be a nullity...........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Void marriage - Limitation - There is no period of limitation for seeking a decree of nullity as regards a void marriage...........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Limitation - No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage u/s 24 of the Act - Once marriage is void, same is a nullity and at any time same can be declared as nullity being a void marriage...........
Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Petition by husband - Suppression of factum of first marriage by husband - Plea of customary divorce taken by husband - However, there was no specific issue framed on the alleged customary divorce - Neither there was any issue that wife has knowledge of first marriage of husband, nor husband has led any..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Order 32, Rule 15 -- Annulment of marriage - On ground of suppression of fact that wife was suffering from mental illness - Non-compliance with mandatory provision of O.32.R.15 CPC - Husband adduced evidence to show that wife is suffering from mental illness and was taking treatment for 10 years prior to..........
