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Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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Bombay High Court Allows Wife's Appeal Against Conversion of Divorce Petition to Mutual Consent Divorce Without Proper Consent. Family Court's Order Set Aside for Non-Compliance with Section 13B of Hindu Marriage Act, 1955.

The appellant-wife, Mrs. Bharti Bhausaheb Aher, filed an appeal against the judgment and order dated 20.6.2015 passed by the Principal Judge, Family C...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...

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Bombay High Court Allows Second Appeal in Divorce by Mutual Consent Case — Restores Trial Court's Decree Under Section 13B of Hindu Marriage Act, 1955. First Appellate Court Erred in Setting Aside Mutual Consent Divorce After Full Payment of Settlement Amount and Withdrawal of Consent by Wife.

The appellant-husband and respondent-wife were married on 01/02/1998 as per Hindu rites. Disputes arose, leading to the wife filing a suit for restitu...

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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Wife's Challenge to Correction of Decree in Mutual Consent Divorce Case. Omission of Settlement Deed from Decree is Accidental Slip Correctable Under Section 152 CPC Without Notice.

The petitioner-wife and respondent-husband had filed a joint petition under Section 13(B) of the Hindu Marriage Act, 1955 for dissolution of their mar...