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ORISSA HIGH COURT

Year of decision: 1999
Details

Limitation Act, 1963, Section 5 -- Delay - Condonation - Equitable jurisdiction to be exercised in aid of litigant who comes with clean hands and not to protect litigant who tries to convert every litigation to a game of chess where calculated steps are taken...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Against third parties - Cannot be ordered against the third party - Attachment before judgment can be ordered against the defendant only on certain conditions being satisfied - There is no procedure prescribed in impleading the additional parties in the applications when they were not added as..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Public Premises (Eviction of Unauthorised Occupants) Act, Section 5 -- Eviction order - Requirement that reasons must be recorded - Reasons recorded must be communicated to affected person - Plea that order of eviction communicated strictly in accordance with Form B prescribed under Rule 4 of Public Premises (Eviction of Unauthorised Occupants) Rules and not liable to be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 5, Rule 20, 19A -- Substituted service, recourse to - Before directing substituted service - Court should direct issuance of summons by registered post in compliance with provisions of Rule 19 - A unless Court finds sufficient reasons falling within limited ambit of proviso to Rule 19A - Substituted service cannot be ordered in a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 5, Rule 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19A -- Essential requirement - Summons must be properly addressed on a correct address - of defendant...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 5, Rule 19A -- Once Court directs service to be effected by registered cover - Obligatory on a party to comply with the order - Court directed plaintiff to furnish registered covers for service of summons - Registered covers not furnished - Defaulting party cannot take any advantage of its own default...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 5, Rule 19A, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Service by registered post - Obligatory upon Court to order simultaneous issue of summons for service under Rules 9 to 19 and direct service by registered post...........

KARNATAKA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 8, Rule 5 -- Non denial of plaint allegations specifically - Has to be taken to be the admission of that allegation of fact...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Injunction order passed by Court not complied with - Registration of case under Section 406 I.P.C. against defendant - Per se would not constitute sufficient ground for passing order attaching property before judgment...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Section 115, Order 38, Rule 5 -- Order directing defendant to furnish security while dismissing application under Order 38 Rule 5 - Not justified - Set aside...........

Showing : 2011-2020 of 2609 Results