Showing : 701-710 of 16929 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27-- Summons - Mentioning of specific "day, date, year and time" in the summons is a statutory requirement - It is not an empty formality - If specific day, date, year and time for defendant's appearance in Court concerned is not mentioned in summons though validly served on defendant by any mode of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27, Order 5, Rule 20(3)-- Service of summons - Expression "time" in O.5.R.20(3) CPC has to be read harmoniously and in juxtaposition with the requirement of mentioning of specific "day, date, year and time" in the summons prescribed u/s 27 r/w statutory format Process IA of Appendix-B appended to CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27-- Service of summons - Object of service of summons is essentially threefold: (i) it is to apprise defendant about filing of a case by plaintiff against him; (ii) to serve defendant with copy of plaint filed against him; (iii) to inform defendant about actual day, date, year, time and particular..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27-- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and service effected pursuant thereto cannot be held to be in..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Non compliance of O.7.R.3 CPC - It is a curable defect...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Appeal - Court to pass a reasoned order which must contain narration of bare facts of the case of the parties to the lis, issues arising in the case, submissions urged by the parties, legal principles applicable to the issues involved and reasons in support of the findings on all the issues in..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Immovable property - Map - Omission on part of plaintiff - Default or carelessness of litigating parties does not absolve trial Court of its obligation - Court can point out the omission on the part of plaintiff and should insist of a map of immovable property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Evidence closed by order after granting eight effective opportunities including three last opportunities - Said order not challenged - Application for additional evidence is in fact a back door entry which will have the effect of setting aside the order of closing evidence -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955-- Applicability of Civil Procedure Code to proceedings under Hindu Marriage Act, 1955 - Hindu Marriage Act is an independent Act and is not governed by the provisions of CPC - Procedure prescribed in CPC is applicable to all civil proceedings - Even if it presumed that CPC is not strictly applicable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11-- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........

Showing : 701-710 of 16929 Results