Showing : 151-160 of 166 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 14-- Appeal - Notice - Party remaining ex parte in suit - Cannot be dispensed with - However, failure to serve notice on such party is of no consequence when such party has no interest in the suit property and was neither a necessary nor a proper party to suit...........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 151, State Financial Corporations Act, 1951, Section 31, 32, 39-- Exparte order - Setting aside - District Judge can set aside ex parte order in exercise of inherent powers, notwithstanding remedy of appeal provided in Act against such order...........
FINANCIAL COMMISSIONER HARYANA
Year of decision: 1998
Details
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 16-- Partition case - Delaying partition just to get benefit of pre-emption case which is pending adjudication - Application for setting aside ex parte proceedings dismissed for non - appearance, appeal (filed after expiry of limitation) dismissed as time - barred, revision initially dismissed in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13- - Setting aside of ex parte decree, application for - Does not lie where defendant filed appeal and appeal disposed of on any ground other than one on the basis of which appeal withdrawn - After decision of appeal - Application under Order 9 Rule 13 - Not competent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 14(3)-- Court has power to dispense with the service of notice of appeal on the defendants who had not appeared in the trial Court - This power is discretionary - Defendants were proceeded ex parte in the trial Court - Had not been personally served - In appeal Court ought not to have exercised discretion..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 14(4)-- Dispensing with service of notice of appeal on defendants who had not appeared in trial Court - Only discretionary - Appellate Court held that notice not necessary to defendants as they were proceeded ex parte in trial Court - Not correct - Defendants not personally served in trial Court -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(4), 42-- Dispute regarding allocation of land - Appeal filed before Assistant Director under Section 21(4) against order of Settlement Officer - Non-impleading of private parties who appeared before Settlement Officer and whose names duly mentioned in the order as well as other persons likely to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 148A, 115, Order 39, Rule 1, 2- - Caveat filed by defendant but trial Court passed ex parte order and defendant restrained from interfering with plaintiffs possession over suit land - Plea that where a caveat is filed, Court cannot proceed with the matter unless caveator is given notice and opportunity to be heard and since Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Punjab Co-operative Societies Act, Section 68-- Interim stay during pendency of appeal - Up to Appellate Authority to grant interim stay, taking in view facts of the case, as it may deem fit - Plea that in view of decision of Supreme Court in Kirpal Singh's case AIR 1986 S. C. 300, Appellate Authority ought to have granted absolute stay of..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Hindu Marriage Act, 1955, Section 28, 13-- Marriage solemnised in 1991 - Wife lodged a complaint complaining harassment by her husband - Compromise - Wife's petition for divorce instituted within six weeks of the compromise - Husband did not appear - Ex parte decree of divorce passed - Wife filing appeal alleging that fraud was committed..........

Showing : 151-160 of 166 Results