Consent decree -- Fraud - It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law - Such a judgment/decree, by the first court or by the highest court, has to be treated as a nullity by every court, whether superior or inferior - It can be challenged in any court even in collateral..........
Consent decree -- Fraud - Judgment and decree obtained by playing fraud - Appellant, rustic and illiterate woman, taken to Court by a relation on plea of creation of lease deed - In hurried manner, plaint presented, written statement drafted and filed, statement recorded and decree obtained within 3 days only on basis of consent in written statement - No iota of evidence..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption as to - Rebuttal of - Both courts below after scrutinizing the evidence have concurrently upheld the validity and genuineness of registered adoption deed - There is no pleading in the objection filed by appellant to the effect that wife of "R" did not give her consent to adoption - But even..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh..........
Mohammedan Law -- Muslim girl can marry without consent of her parents once she attains age of puberty i.e. 15 years - She has right to reside with her husband even if she is below the age of 18 years - Such marriage is not void but she has the option of treating the marriage as voidable, at the time of her attaining age of majority i.e. 18 years...........
Rajasthan Rent Control Act, 2001, Section 9(c) -- Eviction - Material alteration - Held, if it is proved that construction has been raised by tenant materially altering premises and tenant is not able to show that such material alteration was made with permission of landlord in writing then tenant shall be liable to be evicted - But nonetheless, in terms of provisions of..........
Consent Order -..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - One of the conditions for grant of divorce by mutual consent is that parties are living separately for a period of one year or more before presentation of petition for divorce by mutual consent - The statutory period of one year cannot be waived by applying S.14 Proviso of the Act as the same is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - One of the defendants signed the compromise - Does not express the consent of other defendants - Compromise denied by other defendants - Compromise decree passed on the basis of consent of one defendant, set aside...........
Hindu Marriage Act, 1955, Section 13, 13-B -- Divorce by mutual Consent - Cannot be granted in a petition filed u/s 13 of the Act - There is specific provision for obtaining divorce by mutual consent u/s 13-B of the Act...........
