Interlocutory Decree - Page 3 - Law Dictionary

Marriage has been dissolved by decree of divorce

Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...

Step in aid of execution of the decree

Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...

Attaching decree-holder

Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v. Binodamoyee, AIR 1942 Cal 92....

Declaratory decree

Declaratory decree, a binding declaration of right in equity without consequential relief, which might be made under the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), ss. 50, 51; but this Act was very narrowly construed. The powers of the Court have since been greatly extended by Ord. XXV., r. 5, and actions can now be brought merely to declare rights, Ellis v. Duke of Bedford, (1899) 1 Ch 515, though the jurisdiction is exercised with great caution.A declaration which is of no practical use to plaintiff ought not to be granted.A decree which simply declares the rights of the parties or express the opinion of the court on any question without ordering to be done [S. 7(iv)(c), Court-Fees Act.]...

Decree-holder

Decree-holder, means any person in whose favour a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (3)]...

final decree

final decree see decree ...

Preliminary decree

Preliminary decree, a preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings, Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, AIR 1995 SC 1211 (1212)....

Balance decree

Balance decree, word decree after the word 'balance' means entitlement to a further sum, N.K. Rajagarhia v. Mahavir Plantation Ltd., (2006) 1 SCC 502.--Includes the amount waived at the trial stage, N.K. Rajagarhia v. Mahavir Plantation Ltd., (2006) 1 SCC 502....

decree pro confesso

decree pro confesso see decree ...

decree nisi

decree nisi see decree ...

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