Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children of void and voidable marriages - Benefit of legitimacy extended to all illegitimate children born out of wedlock even in absence of decree of nullity of marriage or a void marriage...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children of void and voidable marriages - Civil Court can go into question of nullity or voidability of marriage even in absence of a decree of nullity of marriage or void marriage, when question of legitimacy and benefit conferred u/s 16 of the Act come up for consideration...........
Hindu Marriage Act, 1955, Section 16 -- Benefit of legitimacy - When there is a decree of nullity of marriage or void marriage, civil Court will not have jurisdiction to deal with question of solemnization of marriage or its validity - It is in the absence of such a decree, civil court can go into that question only for the purpose of extending benefit conferred on the..........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC - Where party disputes being signatory to compromise or compromise decree is challenged on ground of fraud, undue influence or misrepresentation, bar stipulated u/s 96(3) CPC, would not come in way of filing an appeal - It is also open to such party to file a regular civil..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Cannot be reopened at the will and wish of the parties - Clause in agreement to reopen the decree, if any of the parties disobeys the terms of compromise agreement, held, per se unlawful and void - No legal force or enforceability can be attributed to such a clause...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Decree alleged to be illegal, null and void - Concurrent finding of three courts that decree was collusive - Despite such collusive decree, suit property continued to be in the name of original owner - Plaintiff Nos. 2 to 9 who purchased property from plaintiff No.1 are bona fide purchasers - Possession of..........
Hindu Marriage Act, 1955, Section 25, 11 -- Permanent alimony to wife - Marriage declared void u/s 11 of the Act - Wife would be entitled to permanent alimony u/s 25 of the Act dehors fact that decree is passed against her u/s 11 of the Act...........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2001, Section 3(iv), 18 -- Eviction petition - Compromise - Once organization has volunteered to enter into compromise and agreed to vacate rented premises it does not lie in mouth of organization to disown its commitment - Moreover, it is nowhere pleaded in petition that agreement of compromise..........
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...........
Consent decree -- It is contract between parties with seal of Court - Once contract itself is void no title passes in pursuance thereof...........
