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UTTARAKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court on..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through registered post - Received back with postal endorsement 'Not claimed. No such person refer sender' - Postal article thus only mentions non finding of addressee and not that the addressee refused to accept..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 8, Rule 5, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition on ground of sub-letting - Principal tenant neither filed written statement nor adopted written statement of other co-tenants - Held, it amounts to admission of averments made in eviction petition in terms of O.8.R.5 Civil Procedure Code...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Hindu Marriage Act, 1955, Section 5 -- A Hindu converting to Islam returned to Hindu fold after Shudhikaran ceremonies in the manner and being followed by Hindu customs - Marriage of such a person with a Hindu is permissible u/s 5 of the Act - Marriage cannot be declared a nullity...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 19, Rule 3, Civil Procedure Code, 1908, Order 11, Rule 13, Constitution of India, 1950, Article 145, 32, Supreme Court Rules, 1966, Order 11, Rule 5 -- Improper affidavits - Filing of - Petitioner filed petition u/Art. 32 without filing a proper affidavit as required in terms of O.19.R.3 of the Code - Nature of challenge in his petition is..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross objections - Not filed within time - Condonation of delay - Court normally be inclined to condone the delay in the interest of justice unless and until the cross objector is unable to furnish a reasonable or sufficient cause for seeking leave of Court to file cross objections..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 35, Rule 5 -- Interpleader suit - Ishar Singh was owner and landlord of demised premises - Petitioners were tenants under Ishar Singh - Respondents No.1 and 2 have filed a petition seeking ejectment of petitioners on ground of personal necessity and arrears of rent - Iqbal Kaur and Sarabjit Kaur have also filed an ejectment petition..........

DELHI HIGH COURT

Year of decision: 2011
Details

Arbitration and Conciliation Act, 1996, Section 5, 16, 34, Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Arbitration proceedings - Civil suit to stay - Power of Civil Court - Held, Civil Court cannot go into existence or validity of the arbitration clause nor can an injunction be granted by it restraining defendant from continuing with the arbitration proceedings..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Air Craft Act, 1934, Section 4A, 5, 5A -- Circular issued placing CAR in abeyance - Circular challenged on twin grounds that it was not issued by competent authority and it could not lead to revival of Aeronautical Information Circular (AIC) - Held, grounds of challenge not tenable - Circular in question was issued by Director General Civil Aviation, which was competent to..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Land Acquisition Act, 1894, Section 23, Standard of Weights and Measures Act, 1976, Section 4, 5 -- Bigha - Units of measurement - Use of - Held, a `bigha' as a unit of measurement varies in extent in different parts of India - Term `gunta' is prevalently used to refer to one-fortieth of an acre in Maharashtra, Karnataka and Andhra Pradesh - But word refers to same extent..........

Showing : 1031-1040 of 2609 Results