Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Re-marriage - Bar or impediment to contract second marriage operates during pendency of appeal only if an appeal is preferred within period of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Limitation Act, 1963, Article 136 -- Execution of compromise decree - Limitation - Limitation period commences only with the decree becoming enforceable and capable of being executed and period of 12 years is computable from such date...........
Limitation Act, 1963, Article 96 -- Limitation - Waqf property - Sale of property comprised in a waqf, without previous sanction of Board, would be void - Art.96 of the Act cannot be invoked in case of void transaction...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Suit for permanent and mandatory injunction - Plea of limitation - Neither any issue was framed regarding limitation nor from testimony of defendants it is revealed that any such statement was made therein - No such contention was raised before first appellate Court - Contention taken by defendant qua suit being barred by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 276 days in filing appeal - Delay is evidently on the part of lawyer's office - Appellant has a prima facie case in its favour - Delay condoned with costs of Rs.5000/-...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Application filed after expiry of 120 days - Benefit of S.4 of Limitation Act - Prescribed period of 3 months for filing application u/s 34(3) of 1996 Act has already expired - Discretionary period of 30 days u/s 34(3) Proviso of 1996 Act falls on a..........
Arbitration and Conciliation Act, 1996, Section 34(3), General Clauses Act, 1897, Section 10 -- Arbitral award - Setting aside - Applicability of S.10 of 1987 Act - Limitation Act is applicable to arbitration proceedings - Benefit of S.10 of 1897 Act therefore not applicable to arbitration proceedings, as said provision specifically excludes its applicability to any act or..........
