however, pursue her
application dated 21.8.2001 for setting aside the consent decree.
On 27.8.2001, within six days of filing the application dated
21.8.2001 before ... decree, the
second defendant filed an appeal against the said consent decree
before the District Judge, Delhi. The appellate court by judgment
dated
Code of Civil Procedure , 1908, ss. 1, 115-Consent decree
whether operates as res judicata-Trial Court disallowing
objection to certain questions in cross-examination ... consent ,'could not operate as res judicata",
for, it was not a decision of the Court, and that the
consent decree in suit
received by the Appellant pursuant to the consent decree dated 08.01.2002 constitutes revenue receipt assessable to tax and consequently, in confirming ... received by the assessee pursuant to the consent decree dated 8th January, 2002, passed by the hon'ble Supreme Court constitutes revenue receipt assessable
that a consent decree
could not be termed to be a collusive decree so as to
disentitle the petitioner to decree for restitution of
conjugal ... execution
of the decree. However, the ground that the decree for
restitution of conjugal rights was in a sense collusive
decree was pressed before
years later the respondent
divorced his wife. By a consent decree, in the suit filed by
the wife, he transferred to her the flat ... maintenance in this case can survive in the face of the
consent decree whereby mehar money had been paid and all
claims adjusted.
Allowing
Manufacturers Ltd. without the concurrence of the defendant and obtaining a consent decree dated October 15, 1977, (2) by getting a receiver appointed by consent ... without the concurrence of the present defendant and obtaining the consent decree dated October 15, 1977, and (2) by getting the receiver appointed by consent
cannot be equated with a consent order. This submission cannot be accepted.
The Court held that consent decree was an instrument. It was not held ... kept in view it would be clear that consent or no consent when the
decree or order of the Court purports to transfer title
decree in
terms of the minutes of the decree drawn by learned counsel for the
parties. As per the said consent terms the parties, inter ... consent terms were given through a power of
attorney will make no difference as he also got benefit under the consent
decree passed by this
Balai Chand on 25.12.1977. He relied on the probate
dated 31.7.1981; consent decree dated 3.8.1981 in suit
no.310 of 1981 as also the conveyance ... during the life time of Balai
Chand; that pursuant to the consent decree dated
3.8.1981 in suit no.310/81, defendant no.2 had executed
compromise decree. For example, title is created in plaintiffs favour under a compromise decree which before the elate of compromise decree vested in defendant ... decree-holder for the first time under the decree, whether with consideration or without consideration.
21. The deck having been cleared that a compromise decree
