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Results of ex parte stay of o

Showing : 1-10 of 20 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance awarded ordered to be paid - High..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that during her stay with husband she was being treated with cruelty for no, fulfillment of dowry demands - Said fact is corroborated by brother of wife, who though 11 years of age at the time of marriage but was not ignorant of the fact that how his parents satisfying the demands raised by..........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........

DELHI HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and defendant even not ready with..........

Showing : 1-10 of 20 Results