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Andriod Application iphone Application

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RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Provision of O.26.R.9 CPC is not meant to collect evidence...........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Notice issued on official address, where a person is working, if returned with endorsement of refusal to accept, presumption of duly service of notice cannot be drawn - Necessary demarcation is required to be carved out in between personal address and official address...........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Not considered duly served and fresh notice was ordered - On the next date of hearing defendant was proceeded ex parte on the basis that on earlier date of appearance the notice was received back with an endorsement of refusal to accept - Do novo ex parte proceedings..........

KERALA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Civil Rules of Practice (Kerala) Rr.11, 15 - Counter claim - Counter claim is a subsequent pleading and need not be headed by a cause title - Only a plaint or an original petition that needs to be headed with a cause title as per Kerala Rules...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff's counsel was present on the date of posting and sought time, which was eventually disallowed and suit was dismissed for default - Immediately within one week, plaintiff filed an application seeking to restore suit which shows their bona fides to contest the matter on merits..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........

KERALA HIGH COURT

Year of decision: 2022
Details

Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), (3), 94 -- Plea of juvenility - When an application claiming juvenility is raised before Court, it would be addressed u/s 9(2), (3) of the Act - But when a person is brought before a Committee or JJ Board, S.94 of the Act would govern the proceedings...........

KERALA HIGH COURT

Year of decision: 2022
Details

Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), (3) -- Plea of juvenility - Burden of proof - When claim of juvenility is raised, burden is on the person raising claim to satisfy Court, to discharge initial burden and documents mentioned in R.12(3)(a)(i), (ii), (iii) of JJ Rule 2007 made under JJ Act 2000 or S.94(2) of JJ Act shall be sufficient..........

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