Showing : 51-60 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Exparte ad interim injunction - Court should be cautious and extremely careful while granting ex parte ad interim injunction - Better course is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Service-- Disciplinary proceedings - Ex parte proceedings - Delinquent failed to appear in spite of notice - Ex parte proceedings held - No illegality...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Natural justice-- One of the orders challenged in High Court - Adjournment granted - Operation of order not stayed by High Court - Arbitrator proceeded with the matter - Appellants proceeded ex parte when they did not participate in the arbitration proceedings - Held, appellants cannot claim that they were denied..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 16, 20, Constitution of India, 1950, Article 226, 227-- Writ petition about property filed in Allahabad High court though property was located within territorial jurisdiction of Lucknow Bench of Allahabad High Court - Single Judge of Allahabad High Court entertained writ against a private body - Two interim ex-parte orders passed virtually giving final..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8)-- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application for setting aside the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226-- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226-- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy..........

Showing : 51-60 of 113 Results