Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Serious allegations made by wife against husband of having illicit relations with his sister-in-law not admitted by husband - Husband is not obliged to put up with wife when she has made such serious allegations against husband - To direct husband to cohabit with wife could invite..........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Insolvency and Bankruptcy Code, 2016, Section 7, 9 -- Corporate Insolvency Resolution process (CIRP) - Limitation - CIRP could be initiated by filing an application u/s 7 or S.9 IBC, within 3 years from the date on which an application under those provisions of IBC could have first been made before NCLT even though right to sue may have accrued decades ago...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - A party may apply to Court for interim measures before commencement of Arbitral proceedings, during arbitral proceedings or at any time after making Arbitral award, but before its enforcement in accordance with S.36 of the Act - For grant of interim relief u/s 9 of the Act, Court would have to consider..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - If a strong prima facie case is made out and balance of convenience is in favour of interim relief being granted, Court exercising power u/s 9 of the Act should not withhold relief on mere technicality of absence of averments, incorporating grounds for attachment before judgment..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - Applicability of provisions of CPC - Power u/s 9 of the Act should not ordinarily be exercised ignoring basic principles of procedural law as laid down in CPC - However, technicalities of CPC cannot prevent Court from securing ends of justice...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order can only be entertained if filed before conclusion of arguments - After conclusion of arguments, remedy available is to file proceedings for setting aside ex parte decree...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
