Search Results for "nullity decree"

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Supreme Court Dismisses Appeal in Industrial Dispute, Upholding High Court's Finding of Civil Court's Lack of Jurisdiction. Civil Court Lacks Jurisdiction to Entertain Suits Founded on Provisions of the Industrial Disputes Act, 1947, Rendering Such Decrees a Nullity.

The dispute originated from the termination of a daily wage employee by the Himachal Pradesh State Electricity Board on 1.1.1985. The employee filed C...

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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.

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...

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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC where findings are based on appreciation of evidence and no perversity is shown.

The judgment pertains to two second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The appella...

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Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 on Ground of Fraudulent Concealment of Religion. Marriage Between Parsi and Hindu Held Voidable as Consent Was Obtained by Suppressing Respondent's Religion.

The appellant-husband, a Parsi by religion, married the respondent-wife on 15th April 1999 according to Hindu vedic rites. They had a son on 4th Augus...

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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.

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...

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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.

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...