Showing : 61-70 of 1116 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 5-- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
KERALA HIGH COURT
Year of decision: 2018
Details
Practice and procedure-- Ex parte judgment - Where defendant is set ex parte, judgment shall reflect facts of case and controversy involved and tried to be settled by Court...........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Dismissal of application to set aside ex parte proceedings - Defendant has right to participate in the proceedings to cross examine the plaintiff or his witnesses and if necessary to lead evidence in rebuttal...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of plaintiff Nos.3 & 4 as defendants - Necessary party - Plaintiff has every right to array petitioner-transposed defendants as defendants, particularly when they were taking side of defendant and took U-turn by withdrawing suit on their part which was filed collectively along with..........

Showing : 61-70 of 1116 Results