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Showing : 21-30 of 169 Results

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Consumer Protection Act, 1986, Section 51 -- Appeal to National Commission - Stay of order passed by State Commission - National Commission can grant stay (i) directing the appellant to deposit the entire amount and/or any amount higher than 50 per cent of the amount in terms of the order of State Commission; (ii) National Commission has to assign some cogent reasons and..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 386, 401 -- Enhancement of sentence - Ex parte enhancement of sentence is against statutory mandate of law - High Court ought to have appointed an Amicus Curiae in absence of counsel of accused...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Compliance of S.17 Proviso of 1887 Act is a pre-condition for maintainability of application U.O.9.R.13 CPC - Requirement u/s 17 Proviso of 1887 Act is neither hyper technical or pedantic but same is requirement of law...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........

Showing : 21-30 of 169 Results