Showing : 91-100 of 1105 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145-- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 12-- Interim custody of minor - Ex parte order - It cannot be held that under no circumstances Court cannot pass an interlocutory order for the production of the ward or interim protection - Power to pass interlocutory orders ex parte being wide has to be exercised with great care, caution and..........
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..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed..........

Showing : 91-100 of 1105 Results