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MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Ex parte decree was set aside not only on the ground that summons was not duly served but also for the reason that even otherwise, service of summons by registered post did not assume any significance as no attempt was made to effect service thereof by general mode - Held, reasoning was..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), (9), 17(3), Constitution of India, 1950, Article 226 -- Taking possession of secured assets - Contravention of S.13(9) - Remedy against - Available to borrower under S.17(3) of Act - Since DRT has also power to resolve inter se dispute between two secured..........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order rejecting an application u/s 5 of the Limitation Act filed in proceeding initiated U.O.9.R.13 of the Code is an appealable order...........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order dismissing application u/s 5 of the Limitation Act - Is an appealable order - Revisional proceedings under any provisions of law would not lie against said order...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 15 -- Ex parte decree - Setting aside - Non service of summons - Service of summons on one family member is not service of summons on all the family members when all family members are not residing together and some are residing in a different city and some others are..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Courts are liberal in setting aside ex parte decree as a lis should be decided on merits and not by default...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after ex parte decree was passed and that too without inspection of suit file - Shows that they must be keeping track of the suit - Defendants thus have not come to Court with absolute clean hands - Ex parte decree set aside subject..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Pleadings as to - Landlord specifically pleaded that he is not in possession of any other commercial site in urban area of Ferozepur Cantt and he has no other shop - Held, pleadings lead to conclusion that there was no occasion for him to vacate any other shop in same urban area -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13B -- Shamlat deh - Civil Court decree - Decree passed in civil suit instituted after insertion of S.13 in the Act which debars civil Court from deciding question of any right, title or interest in favour of any party in respect of land vested or deemed to have been vested in shamlat deh - Held, decree in..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 7 -- and - Ex parte decree - Setting aside of - Application for - Maintainability - Held, an order on an application U.O.9.R.7 CPC will not preclude the Court to consider the application U.O.9.R.13 CPC...........

Showing : 2471-2480 of 6046 Results