Dissolution of Muslim Marriages Act, 1939, Section 2(ix) -- Dissolution of marriage - Agreement executed between parties to dissolve the marriage mutually can be termed as khula and therefore, in terms of S.2(ix) of the Act, Court can grant decree of divorce on such agreement...........
Transfer of Property Act, 1882, Section 60, 62 -- Redemption of mortgage - Non-deposit of mortgage amount within time so granted by trial Court as operation of judgment and decree of trial court was stayed by appellate Court - There is no question of not depositing the mortgage amount within time granted by trial Court - No willful disobedience on part of plaintiff in..........
Civil Procedure Code, 1908, Section 60(1) -- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it does not form part of decree debt...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Objection - Merely because suit property is beyond the pecuniary jurisdiction of trial Court, same would have no bearing on the validity of judgment and decree passed by it, more particularly, when respondents failed to question the judgment and decree so passed on the ground that there has been prejudice on merits...........
Limitation Act, 1963, Section 17 -- Fraud - S.17 of the Act comes into play when fraud played by decree holders came to the notice of aggrieved persons in the publication and conduct of Court sale...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - When there is no representation on behalf of minor and no guardian is appointed by Court, decree passed amounts to nullity...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on ground that next friend or guardian of minor has interest in subject matter of suit adverse to that of minor - Whereas, it has to be shown that prejudice is caused to interest of minor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the possession over such property - In such..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - In order to seek detention of J.D. in imprisonment, decree holder is required to plead and prove its case in terms of provisions contained U.O.21.R.37 read with S.51 CPC...........
