Showing : 81-90 of 93 Results

DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELEHI
Year of decision: 2001
Details
Ex parte proceedings-- Setting aside of - Applicant respondent proceeded ex parte in appeal presuming service as the registered letter not received back undelivered - Application duly supported by affidavit that applicant respondent not served - Plea of the non applicant appellant that there is no provision in the..........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2001
Details
Consumer Protection Act, 1986, Section 15-- Appeal - Ex parte order - Appellant complainant proceeded ex parte on the ground that notices sent to them were not received back undelivered and hence presumption has been drawn in favour of service - The appellant filed his affidavit deposing that he did not receive any notice of complaint case..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13-- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal against ex parte decree - Appellant not party to suit but was impleaded in application U.O.39.R.2-A CPC - Appearance in contempt proceedings does not lead to inference about knowledge of passing of the decree - No evidence to prove that appellant came..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11-- Decree on the basis of admission or consent - Court ought not to pass a decree mechanically based on admission or consent of parties - Simply because defendant admitted claim of plaintiff - Court not bound to pass a decree - - Duty of Court to examine claim of plaintiff, whether he can succeed on..........
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..........
FINANCIAL COMMISSIONER HARYANA
Year of decision: 1998
Details
Punjab Land Revenue Act, 1887, Section 20-- Refusal of service - Procedure of sub-sections (2) and (4) of Section 20 should be followed - Sub-section (2) provides that if acceptance of service refused, summons may be served by posting a copy thereof at the usual or last known place of residence of person - Sub-section (4) provides that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Constitution of India, 1950, Article 226-- Ex parte order passed against a person or person not served or had no knowledge of hearing and order passed at his back - Proper remedy - To file application before Additional Director Consolidation for setting aside of ex parte order - No proof that petitioner had not been served or had no..........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Provincial Small Causes Courts Act, 1887, Section 17(1), Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Proviso - Ex parte decree - Setting side - Requirement of proviso to S.17 - Not fully complied with - Amount deposited fell short of decreetal amount - In absence of application for extension of time for depositing balance amount - Order dismissing application is justified...........

Showing : 81-90 of 93 Results