Showing : 1-10 of 472 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second wife not made party in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b)-- Remarriage by husband during pendency of appeal filed by wife within limitation against decree of divorce - Notice of appeal not served on husband - Nothing on record to show that husband made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose of condonation of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 12-- Appeal - Limitation - Time spent for obtaining subsequent copies of judgment whether relevant - Computation of limitation is confined to copy produced with appeal and no further enquiry is required to be made by Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 198 days in filing appeal - Sufficient cause not shown - Delay cannot be condoned...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19-- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........

Showing : 1-10 of 472 Results