Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent is a sine qua non for passing decree for divorce u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application u/s 13-B(1) of the Act not presented by parties but was presented by an advocate who was allegedly representing both the parties - Husband filed affidavit after direction to appear before Court by trial Court - However, wife was not present before Court - Wife not signed motion filed by..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
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...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
Rent and Eviction -- Appeal against eviction order - Stay of operation of the judgment - Condition to pay occupation charges - Tenant used to pay Rs.7000/- per month as rent in the year 1996 - Occupation charges must be enhanced at least by three times - Impugned judgment and decree is stayed subject to the condition that tenant pays a sum of Rs.21,000/- per month as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion with regard to renting out of shop by..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Misjoinder of party - When there is no operative decree against the party still he can file another suit to save his property from being taken delivery of in execution of decree and there is no embargo to his right of resistance to execution proceedings...........