Showing : 51-60 of 1041 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex-parte judgment or decree u/s 9 of Hindu Marriage Act, cannot be relied within the ambit of S.125(5) Cr.P.C. to deny maintenance to wife...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have..........
KERALA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28-- Ex parte residence order - Vacating the order - Held, when ex parte residence order is vacated, Magistrate shall invariably direct the aggrieved person to vacate the disputed house within a specified time to be fixed by the Magistrate and in case of failure to comply with that direction, to pass..........
KERALA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28-- Ex parte residence order - Vacating the order - Magistrate is competent to enforce its order vacating the ex parte order and necessary directions can be issued to the jurisdictional SHO to enforce its order...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Mere non filing of medical certificate itself is not a valid ground to dismiss the petition - Court has to take into consideration totality of facts and circumstances of the case while passing an order in the interlocutory applications...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 17A-- Ex parte award - Award becoming enforceable - Labour Court/Tribunal is not functus officio after award has become enforceable as far as setting aside an ex parte award is concerned - In case a party is able to show sufficient cause within a reasonable time for its no, appearance in Labour..........

Showing : 51-60 of 1041 Results