Showing : 91-100 of 1011 Results

KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Ex parte proceedings - Non-appearance of one of parties to proceedings or avoiding to participate after having put in appearance, does not preclude Court from considering grounds taken by other party in his or her defence - Even otherwise also, in absence of a..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 126(2)-- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from the offence committed or to deny the benefit to which aggrieved person/wife is entitled under the Act, including monetary relief u/s 20, child custody u/s 21,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Explanation provided by defendant for his absence is that he was ill - Plaintiffs in their counter affidavit not disputed illness of defendant - Ex parte decree set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........

Showing : 91-100 of 1011 Results