Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Civil contempt and criminal contempt - `Civil Contempt' mean `willful disobedience of any judgment, decree, direction, order, writ or other process of court of willful breach of undertaking given to a court - If a person willfully violates the orders of Supreme Court then it can invoke jurisdiction under the..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Inherent lack of jurisdiction renders the decree passed by a Court a nullity - When Court is without jurisdiction to entertain any matter, neither acquiescence nor the express consent of parties can confer jurisdiction upon the Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - No exparte decree can be passed - Only mutual consent gives the Court jurisdiction to pass a decree - Ex parte decree would destroy the very concept of divorce by mutual consent...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Decree passed on a preliminary issue - Held, O.41.R.23 is applicable - Appellate Court must disagree with the findings of the trial Court on the said issue - Only when a decree is to be reversed in appeal, the appellate Court considers it necessary, remand the case in the interest of justice - It confers a..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24 -- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector seeking transfer of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Three ingredients for the grant of relief under the provision are : (i) the parties had been living separately for a period of more than a year, (ii) they had not been able to live together and (iii) that they have mutually agreed to dissolve the marriage - Court not to pass decree earlier than six months..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till decree of divorce is passed - Withdrawal of consent by one party would render the Court to have no jurisdiction to pass decree by mutual consent - Court would see as to whether the consent was not a result of force or fraud or undue influence...........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20 -- Jurisdiction - Decree passed by a Court without jurisdiction is a nullity - A defect of jurisdiction strikes at the very authority of the Court to pass any decree - Such a defect cannot be cured even by consent of parties...........
Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........
Limitation Act, 1963, Section 3 -- Limitation - Suit barred by limitation - Court cannot grant any relief even if objection as to limitation is not raised - When suit is barred by limitation, Court has no jurisdiction to pass a decree...........
