Search Results for Tag : Decree

International Cases

An application to rescind can in certain limited circumstances be made to Court at first instance. It should not be made to the Court of Appeal.(16.01.2019)

Present is an appeal brought by AB, the Appellant, in relation to an order dated 14 June 2018 of His Honour Judge sitting in the High Court granting a.....

Tags : Divorce, Decree, Validity

News

AHC:Bar on Appeal Against Compromise not Applicable where Court Refuses to Record Same Partially(12.09.2019)

Allahabad High Court (AHC) while rejecting a petition filed under Article 227 of Constitution on account of an alternate remedy has ruled that the bar.....

Tags : AHC, Compromise Decree

HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal: SC(18.12.2018)

Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment .....

Tags : Supreme Court, HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal

SC: Landlord Entitled to Mesne Profits from Tenant When Execution of Eviction Decree is Stayed(08.07.2022)

Supreme Court has held that once a decree for eviction is stayed, it is necessary for the appellate court to fix the mesne profits to be paid by the t.....

Tags : Supreme Court, Mesne Profit, Tenant, Eviction Decree

SC: Alleging Fraud & Collusion Between Counsel After Many Years Doesn’t Renders Decree Invalid(24.03.2017)

Supreme Court has observed that allegation of fraud and collusion between counsel for opposite parties, after many years, ipso facto does not render d.....

Tags : Supreme Court, Fraud, Collusion, Decree

SC Gives Relief to Litigant Who Suffered Ex-Parte Decree Due to Boycott by Bar Association's of Court(15.02.2019)

Supreme Court has set aside an ex-parte decree passed by Subordinate court in 2009 providing relief to defendant who suffered ex-parte decree because .....

Tags : Supreme Court, Court-boycott call by Bar Association, Ex-Parte Decree

SC: Transferee of Rights in Suit Can Apply for Execution Without Separate Assignment of Decree(22.10.2021)

Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, 1908 removed the distinction between an assignment pr.....

Tags : Supreme Court, Execution Without Separate Assignment of Decree

Judgments

Conduct of a spouse levelling false accusations against other spouse is cruelty(24.04.2017)

In facts of present case, wife filed a suit praying for injunction that, husband should not be permitted to enter matrimonial home. Certain news items.....

Tags : Cruelty, Divorce, Decree

Term 'sufficient cause' should be construed liberally but that does not mean every cause should be accepted as sufficient cause(13.04.2017)

Instant application has been taken out by Defendant for recalling of a decree for Rs. 26,54,355.74 along with pendente lite interest at rate of 18 per.....

Tags : Decree, Ex-parte, Validity

Supreme Court: ‘Divorce Decree By Church Not Valid’, Couples Must Abide By Law to Annul Marriage(20.01.2017)

Supreme Court has ruled that divorce decrees passed by Ecclesiastical Tribunals under Canon Law will have no validity and that Christian couples must .....

Tags : Supreme Court, Ecclesiastical Tribunals, Divorce Decree

NCLT can’t Decide Legality of a Foreign Decree: NCLAT(05.12.2018)

National Company Law Appellate Tribunal has held that NCLT, the ‘adjudicating authority’ under the Insolvency and Bankruptcy Code, was not a ‘court’ o.....

Tags : NCLAT, NCLT, Foreign Decree

SC: Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree(20.09.2021)

Supreme Court has observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13.....

Tags : Supreme Court, Mutual Consent Divorce Decree

SC: Executing Court can Never Go Behind the Decree(31.10.2023)

Supreme Court has held that a bare perusal of Section 47 of CPC shows that all questions between the parties can be decided by the executing court, bu.....

Tags : Supreme Court, Executing Court, Decree, CPC

Kerala HC: Order XLI Rule 5 CPC Only Permits Stay of Execution of Decree, Not Stay of Judgment(10.11.2021)

Kerala High Court has held that Order XLI Rule 5 of the Code of Civil Procedure, 1908 only provides for stay of the proceedings under a decree or stay.....

Tags : Kerala High Court, Stay of Execution of Decree

Once opposite parties were put in possession, then same will remain in possession over the land regarding which, decree has been executed(10.05.2018)

In facts of present case, an objection under Section 9 of the U.P. Consolidation of Holdings Act, 1953, was filed by the opposite parties, claiming ex.....

Tags : Land, Possession, Decree

Before passing order of service of summons, it was duty of Court to examine Process Serving Officer/Bailiff, if his report is not on affidavit(10.07.2018)

The Appellant-husband ('the Respondent') against whom decree of dissolution of marriage has been passed in the petition filed by the Respondent-wife (.....

Tags : Service, Summons, Ex-parte decree, Validity

SC: Divorce Decrees Granted by Church Courts are Invalid(05.07.2016)

SC has said that divorce decrees granted by Ecclesiastical Tribunals, popularly known among Christians as church courts, had no legal sanctity and any.....

Tags : SC, divorce decree, Church Courts

SC: Compromise Decree Which Does not Take in Property Within Subject Matter Needs No Registration(06.02.2020)

Supreme Court has observed that a compromise decree does not require registration if it does not take in property that is not the subject matter of su.....

Tags : SC, Compromise Decree

SC: Decree for Obtaining Specific Performance Cannot be Obtained Behind Bona Fide Purchaser(19.01.2022)

Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser es.....

Tags : Supreme Court, Decree for Obtaining Specific Performance

Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)

Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....

Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree

SC: Failing to File Written Statement Within Time Does Not Lead to a Decree Against the Defendant(15.01.2024)

Supreme Court has held that mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, may not .....

Tags : Supreme Court, Written Statement, Decree, Defendant

SC: Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree Is Dismissed(08.05.2019)

Supreme Court has noted that “Only in cases where the Defendant has adopted dilatory tactics or where there is lack of bonafide in pursuing the two re.....

Tags : SC, Ex-Parte Decree

No contract shall bind the Corporation if not made in accordance with the provisions of Act(06.09.2018)

The Pune Municipal Corporation has preferred present First Appeal against the money decree passed by the trial Court. The Learned Trial Judge, by the .....

Tags : Money decree, Loan, Sanction

Court can make adjudication on admitted facts, while deciding objections in an execution petition(28.05.2019)

In present case, Respondent-Kali Dass filed a suit for permanent prohibitory and mandatory injunction against present Petitioner. Said suit was decree.....

Tags : Decree, Execution, Objection

SC: Application for Correction of Decree Only Maintainable Before HC Where Decree Confirmed(14.02.2022)

Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the.....

Tags : Supreme Court, Application for Correction of Decree

Supreme Court: Ex-Parte Decree On Being Set Aside Becomes Non-Est(12.09.2017)

Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.

Tags : Supreme Court, ex-parte decree

Jharkhand HC: Section 19 (2) Bars Appeal from Decree Passed with Consent of Parties(16.02.2022)

Jharkhand High Court recently held that Section 19(2) of the Family Courts Act, 1984 is akin to the provision under Section 96(3) of the Code of Civil.....

Tags : Jharkhand High Court, Appeal from Decree

Calcutta HC: No Bar in CPC/ Arbitration Act for Accepting Immovable Property as Security(22.03.2021)

Calcutta High Court has held that there is no bar in the Code of Civil Procedure, 1908 or under the Arbitration Act, 1996, in accepting immovable prop.....

Tags : Calcutta High Court, Stay of Decree

SC: Limitation Period for Decree by Foreign Court, Period Prescribed in Reciprocating Foreign Country(18.03.2020)

Supreme Court has held that the limitation period for executing a decree passed by a foreign Court from the reciprocating country in India will be the.....

Tags : Supreme Court, Limitation for Decree by Foreign Court

Meghalaya HC: Plaintiff May File Application u/s 151 r/w Order XX Rule 6A Where No Decree Drawn(04.03.2022)

Meghalaya High Court has held that a plaintiff may file application under Section 151 read with Order XX Rule 6A of Civil Procedure Code, 1908, where .....

Tags : Meghalaya High Court, Suit Decided, Decree Not Drawn

Validity of a decree can be challenged before an executing court only on ground of an inherent lack of jurisdiction which renders the decree a nullity(15.12.2017)

In 2002, a suit was instituted by the Respondents for a permanent injunction, alleging that the Defendants to the suit were threatening to interfere w.....

Tags : Decree, Execution, Jurisdiction

When there is a conflict between law and equity, it is the law which has to prevail(28.12.2017)

Instant appeal is filed by the Appellants-original Respondents against an oral order passed by the learned Single Judge in Special Civil Application, .....

Tags : Decree, Execution, Delay

Power of attorney holder cannot testify in respect of matters which principal alone have knowledge(01.10.2019)

The Defendant is in appeal, aggrieved by the concurrent findings decreeing the suit for specific performance filed by the Respondent. The Plaintiff fi.....

Tags : Specific performance, Decree, Validity

Bar under Order 23 Rule 3A of CPC to challenge a compromise decree in a separate suit applies to the stranger also(06.05.2020)

The question arises in the appeal for consideration is as to whether the decree passed on a compromise can be challenged by the stranger to the procee.....

Tags : Compromise decree, Bar, Legality

SC: Consent Decree Recognizing Pre-Existing Rights Does Not Require Registration(24.02.2021)

Supreme Court held that a consent decree based on admission recognising pre existing rights under Family settlement does not require registration unde.....

Tags : Supreme Court, Consent Decree Recognizing Pre-Existing Rights

Patna HC: If Divorce Decree Goes Unchallenged, the Second Marriage is Legal(19.09.2016)

Patna HC, while considering sustainability of a decree for judicial separation, has held that if divorce decree is not challenged then appeal against .....

Tags : Patna HC, Second Marriage, Divorce Decree

SC: Parties Can Seek Benefit of Amended Law if Passed Before Final Decree in Partition Suit(31.03.2023)

Supreme Court has held that if law governing parties has been amended before conclusion of final decree proceedings in a partition suit, the party ben.....

Tags : Supreme Court, Amendment, Final Decree, Partition Suit

Bombay HC: Now File Appeal Against Family Court’s Divorce Decree Within 90 Days(08.12.2016)

Bombay High Court has held that a warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a Family Court.

Tags : Bombay High Court, appeal, Family Court, divorce decree

Delhi High Court Modifies Guidelines for Expediting Execution of Decrees, Awards(01.07.2021)

Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower Courts to expedit.....

Tags : Delhi High Court, Execution of Decrees, Awards

SC: Compromise Decree in Respect of Land Not Subject-Matter of Suit is Valid Legal Settlement(13.07.2021)

Supreme Court has observed that a compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between t.....

Tags : Supreme Court, Compromise Decree

Ex-Parte Decree passed against a minor not represented by a duly appointed guardian is a nullity(16.07.2021)

In a Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging an order of the trial Court refusing to c.....

Tags : Ex¬parte decree, Minor, Nullity

High Court having an ordinary original civil jurisdiction can also execute foreign decree under Section 44A of CPC(28.01.2022)

The Appellant/decree holder has challenged the judgment of the Division Bench of the High Court relegating to file a petition for execution of a money.....

Tags : Jurisdiction, Execution, Foreign Decrees

Bombay HC: Ex Parte Decree Can Be Passed in Notice of Motion Filed Under Original Side Rules Only(28.12.2017)

Bombay High Court has held that on its original side, an ex parte decree can be passed in a notice of motion filed only under Rule 90 of the Original .....

Tags : Bombay High Court, Ex Parte Decree

Himachal Pradesh High Court: Person Approaching Courts Must Enjoy Fruits of Decree(28.07.2017)

Himachal Pradesh High Court has observed that a person who approaches the court must be able to enjoy fruits of a decree and he cannot be made to suff.....

Tags : Himachal Pradesh High Court, decree

SC Directs High Courts to Reconsider and Update Rules Relating to Execution of Decrees(28.04.2021)

Supreme Court has directed the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers .....

Tags : Supreme Court, Execution of Decrees

Madras HC: Unilateral Refusal to Consummate Marriage is Ground for Divorce(06.04.2022)

Madras High Court has reiterated that marriage can be dissolved by decree of divorce on a petition filed either by the husband or the wife on the grou.....

Tags : Madras High Court, marriage, decree of divorce, consummate, solemnization

SC Clarifies Section 144 CPC not Attracted when there is no Variation or Reversal of Decree or Order(06.11.2019)

Supreme Court has observed that the provisions of Section 144 of Code of Civil Procedure, 1908 will not be attracted when there is no variation or rev.....

Tags : SC, Decree

Kerala HC Stays Stay on Decree Against Expulsion of Members for Marrying Outside Diocese(10.09.2021)

Kerala High Court has stayed the operation of an order of a District Court in Kerala which had in turn stayed a declaration given by a civil court tha.....

Tags : Kerala High Court, Decree Against Expulsion of Members

Consent decree cannot be modified/ altered unless the mistake is a patent or obvious mistake(04.02.2022)

Present appeal is against impugned judgment passed by High Court, dismissing the application filed by the Appellant under Sections 152 and 153 read wi.....

Tags : Consent decree, Alteration, Mistake

Limitation period for execution of decree commences only when the decree becomes enforceable(24.04.2023)

By way of present appeal, the judgment passed by the High Court is assailed on the ground that the execution application was filed after 12 years from.....

Tags : Limitation period, Commencement, Decree

If there is use of the design or supplies or advertising, within the jurisdiction of the Court, territorial jurisdiction cannot be disputed(04.07.2023)

The present suit by the Plaintiff-Escorts Ltd. is for a decree of permanent injunction restraining the Defendants from manufacturing, using or in any .....

Tags : Decree, Permanent injunction, Jurisdiction

JKL HC: Section 96 CPC Mandates that Appellant Must Challenge Both Decree Judgment(24.08.2023)

Jammu and Kashmir and Ladakh High Court has observed that Section 96 of Civil Procedure Code (CPC) amply make out that the appellant is required to ch.....

Tags : Jammu and Kashmir and Ladakh High Court, CPC, Decree, Judgment

Madras HC Issues Directions to MACT to Not Draw Decrees for Awards(13.05.2020)

Madras High Court has held that the Motor Accidents Claims Tribunal need not draw decrees like regular civil Courts, for the same is not contemplated .....

Tags : Madras High Court, Decrees for Awards

Decree of court of law being sacrosanct, execution thereof not to be thwarted on mere asking and on purported grounds having no bearing on executability thereof(21.03.2017)

The subject matter of impeachment is the order rendered by High Court of Judicature at Madras, thereby rejecting prayer of Appellant/plaintiff/decree-.....

Tags : Decree, Execution, Proceeding

Existence of a concluded contract is sine qua non in compensation claim for loss and damages(21.04.2017)

Respondent's Suit for breach of contract and damages was decreed by Principal District Court, in Original Suit for a sum of Rs. 5,25,55,460/- with int.....

Tags : Decree, Damages, Validity

Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)

The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....

Tags : Ex-parte decree, Delay, Condonation

Anti-suit injunction should be granted sparingly and not as a matter of routine(17.04.2018)

In instant case, the marriage between Appellant-husband and Respondent-wife was solemnized on 20th February, 1995 as per Hindu rites and two children .....

Tags : Anti-suit injunction, Decree, Grant

Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)

Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....

Tags : Delay, Condonation, Ex-parte decree