Showing : 21-30 of 116 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15-- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex parte decree..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 19-- Right of residence - Parties never lived together in the property in question - Evidence on record shows that appellant not married with respondent as his wife was alive - Respondent thus has, no right to reside in the property in question - Ex parte order permitting respondent to occupy the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Custody of child-- Child removed and brought to India by mother from the custody of father citizen of UK - Custody of minor girl with her mother being her biological mother is lawful - Merely because foreign Court passed an order directing mother to produce the child before it, would not render the custody of minor..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Land Acquisition Act, 1894, Section 4, 23-- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12-- Ex parte injunction order - Deliberate and willful violation thereof - Petition be decided after decision of the main case as it is not proper to probe into the facts and record any finding on any of the issues arising out of collateral proceedings else observations may cause prejudice to the..........

Showing : 21-30 of 116 Results