Showing : 31-40 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 493-- Offence u/s 493 IPC - Matrimonial ties between appellant and respondent will be deemed to have subsisted during the entire period under reference as ex-parte divorce decree obtained by respondent was set aside - When a lawful marriage indeed existed between parties, there is no question of deceit..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9-- Failure to file written statement or when defendant is proceeded ex parte - There is not to be an automatic decree - Court is duty bound to diligently ensure that plaint stands proved and the prayers therein are worthy of being granted...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application cannot be filed by a person who was not initially a party to the proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- Death of sole defendant who was proceeded ex parte after he had filed written statement - Plaintiff bringing on record factum of death of sole defendant - Court taking conscious decision to exempt plaintiff from impleading legal representatives - Proceeding ex parte - No infirmity...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - At the instance of L.R's of sole defendant - Application filed after eight months of decree on ground of lack of knowledge of property or the litigation - Knowledge claimed to have been acquired only one month before - Material on record showing applicants having..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- Exemption from substitution of L.R's of non contesting defendant who was proceeded ex parte and did not file written statement - In the absence of compelling circumstances Court should exempt substitution of L.R's of such a deceased defendant...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Consumer Protection Act, 1986, Section 22, 22A-- Ex parte order & Review - District Forums and State Commissions have no power to set aside ex parte orders and to review orders - Such orders are assailable only before the National Commission...........

Showing : 31-40 of 113 Results