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KERALA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal of wife from society of husband on demand of separate residence to avoid members of husband's family is not a reasonable cause, unless it is proved that family members in matrimonial home had treated her with cruelty - There is thus no serious dispute between husband and wife - Petition..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have suffered from disease as..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere non filing of medical certificate itself is not a valid ground to dismiss the petition - Court has to take into consideration totality of facts and circumstances of the case while passing an order in the interlocutory applications...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........

KERALA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Anticipatory bail - Sexual assault by father on his son - Mother was aware about said incident - But, mother filed complaint after 2 years of alleged incident, when relationship between accused and complainant got strained - Benefit granted to accused -..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease out business alone - Suit held,..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to meet the ends of justice and to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7 -- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........

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