Showing : 41-50 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Departmental enquiry - Ex parte proceedings - Held, if the charges are borne out from documents kept in the normal course of business, no oral evidence is necessary to prove those charges...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained during pendency, same could have weighed with High Court to consider..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Consumer Protection Act, 1986, Section 12, 2, Civil Procedure Code, 1908, Order 9, Rule 7-- Consumer complaint - Notice issued but non appeared - Hence, proceeded ex parte - Nothing on record to suggest that notice issued was in fact served - Impugned order set aside - Matter remitted for decision as to whether notice issued was properly served and to decide the matter on merits...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Service -- Respondent appointed lecturer - Not allowed to discharge his duties as Governing Body of College tried to accommodate appellant in his place - Respondent filed appeal against it - Appeal disposed of by Director by ex-parte order - Ex-parte order set aside - Writ petition thereagainst by respondent..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement not filed - Merely for this reason decree cannot be passed - It is only when Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the instance of the plaintiff in view of the deemed admission by the defendant, Court can conveniently..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A-- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A-- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed,..........

Showing : 41-50 of 113 Results