Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Petition supported by affidavits of both parties - Decree u/s 9 of the Act not complied with - Decree of divorce granted by waiving waiting period of six months...........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Consumer Protection Act, 1986, Section 25(3) -- Execution of decree - In a compromise before the Lok Adalat petitioner - OP themselves agreed to pay the complainant interest @ 18% instead of interest 8% for their failure to pay the decreetal amount within a period of one month - The order attained finality - Revisionary Fora cannot go behind this order - From perusal of..........
Punjab Co-operative Societies Act, 1961, Section 59(2)(c) -- Liquidator - Decree holder submitted its claim before liquidator - Creditors of society have to be dealt with by the Liquidator and the liabilities have to be discharged on the basis of priorities - It was not open for the Executing Court to reject the objections of J.D. - Decree holder has to be treated as..........
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 12-A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of balance sale consideration - Suit for possession by way of specific performance of agreement decreed on deposit of balance price within stipulated period - Balance price not deposited within fixed period - Application for extension of..........
Consent decree -- Family settlement - Plaintiff, signatory to the consent decree, cannot be permitted to wriggle out from the same in the absence of any fraud or misrepresentation and that too, at a belated stage when the rights of third party came into existence on the basis of validly executed sale deeds in favour of respondent - Besides the decree was passed on the..........
Will -- Non mention of execution of Will in an earlier suit - Held, the main dispute in the earlier suit was only with regard to the legality and validity of the decree - Suit having been filed much before the date of execution of the Will, as such the question of mentioning the Will in the suit did not at all arise...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - It is open to one of the spouses to withdraw the consent given to the petition at any time before the Court passes a decree for divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - During pendency of appeal against grant of decree of divorce on ground of cruelty parties praying for dissolution of marriage by mutual consent - Divorce by mutual consent can be granted by appellate court...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Exemption from attachment - Salary - First one thousand rupees and two thirds of remainder has to be left out in execution of any decree other than a decree for maintenance and rest of the amount can be attached - Said attachment shall continue for a period of 24 months either intermittently or continuously for..........
