Search Results for "nullity decree"

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Search Results for "nullity decree"

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High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society.

11 Sep 2019

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a m...

Supreme Court

Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

6 Mar 2019

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

High Court

Bombay High Court Allows Wife's Appeal Against Nullity and Divorce Decree in Hindu Marriage Act Case — Impotency and Cruelty Allegations Not Proven. Marriage Annulment Under Section 12(1)(a) Set Aside as Husband Failed to Establish Wife's Impotency; Divorce Under Section 13(1)(ia)(ib) Also Set Aside as Cruelty and Desertion Not Proved.

23 Jul 2012

The case involves a Family Court Appeal filed by the wife, Sou. Pramila Shankar Ghante, challenging the judgment and decree passed by the Family Court...

High Court

Bombay High Court Allows Wife's Appeal for Maintenance Despite Void Marriage Under Hindu Marriage Act. Section 25 of Hindu Marriage Act, 1955 Entitles Wife to Maintenance Even if Marriage is Declared Void Ab Initio.

19 Sep 2006

The appellant-wife filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a declaration that her marriage with the respondent-husba...

High Court

Bombay High Court Allows Petition Challenging Executing Court's Reduction of Decreed Interest Rate. Executing Court Cannot Vary Terms of Decree Under Section 34 of Code of Civil Procedure, 1908.

16 Feb 2006

The petitioner, Joaquim Joao Fernandes, filed a writ petition challenging an order dated 4-1-2005 passed by the Civil Judge, Senior Division, Margao i...

High Court

Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

29 Sep 2005

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

High Court

Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

30 Nov -0001

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

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