Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of cruelty and desertion - Trial Court decreed suit - In appeal parties compromised - Husband and wife both made a statement in Court that they now want to live together - Appeal is continuation of proceedings of the Courts below - Judgment and decree set aside - Appeal allowed...........
Fraud -- Meaning - In order to impeach a judgment on the ground of fraud, actual fraud must be established - Fraud must be extrinsic and collateral to the matter tried and not a matter actually or potentially in issue in the action...........
Constitution of India, 1950, Article 14, 16, 226 -- Equal pay for equal work - Discrimination - On the basis of the judgment rendered by Court benefit of pay scale of Rs. 510 - 800 from 1.1.1978 to 31.12.1985 allowed to the petitioners only - Plea by petitioners of discrimination justified by respondents only on the grounds of delay and laches - Case of the writ petitioner..........
Insurance claim -- Mediclaim Insurance Policy - Repudiation - Pre - existing disease - It is not proved that disease of complainant was pre - existing i.e. prior to the insurance policy for the first year - Since the disease of the appellant had developed during the subsistence of the first insurance policy and she had got medical treatment during the subsistence of the..........
Civil Procedure Code, 1908, Section 33, Order 18, Rule 2(3A) -- Oral and written arguments - Oral arguments are indispensable - Even when written arguments are filed the same does not dispense with the requirement of oral arguments - Held, it is mandatory to hear oral arguments before pronouncement of judgment...........
Civil Procedure Code, 1908, Section 33, Order 18, Rule 2(3A) -- Oral and written arguments - It is mandatory to hear oral arguments before pronouncement of judgment - In the instant case written arguments filed - Presiding officer heard the oral arguments - Presiding officer transferred before pronouncement of judgment - Successor of presiding officer is to hear the oral..........
Limitation Act, 1963, Section 27, Article 65, 67 -- Recovery of possession - Plea of adverse possession - Limitation - Judgment passed on 22.06.1981 in earlier suit filed by defendants/respondents claiming tenancy - Claim of defendants not accepted though found to be in possession - Findings rendered in earlier suit have attained finality - Subsequent suit filed by..........
Doctrine of merger -- Dismissal of Special Leave Petition in limine does not mean that reasoning of the judgment against which SLP is filed stands affirmed or the judgment and order impugned merges with order of dismissal of petition - It simply means that Court did not consider the case worth examining for the reason, which may be other than merit of the case - Nor such..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of deceased, who was joint owner..........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
