Showing : 61-70 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Service-- Retirement - In service matters relating to retirement, there is no need to issue ex parte mandatory directions...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 133-- Writ petition - Ex parte interim order passed by High Court - Supreme Court ordinarily does not interfere with such an order as respondent in a writ or contempt proceedings can appear and seek vacation, or discontinuance or modification of such ex parte order - However, when there are special and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 66(3)-- MACT claim - Compensation - Insurers liability - Burden of proof - Owner - cum - driver remained ex parte - Established that the vehicle was comprehensively insured with the insurer to cover the passenger risk - The burden to prove that it was not liable in spite of such a policy, shifted to the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482-- Complaint u/s 498-A and S.4 Dowry Act initiated after seven months of husband going to USA - Wife filing divorce petition against husband and getting ex parte divorce - Wife remarrying thereafter - Complaint quashed as no reason given for delay in lodging FIR and circumstances show that the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Exparte decree when passed against some of the defendants and it is necessary to set aside the entire decree, the Court is not powerless to do so...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - When ex parte decree is passed, defendant has more than one remedies - He may file a suit contending that the decree was obtained fraudulently - He may file an application U.O.9.R.13 CPC for setting aside the ex parte decree - He may prefer an appeal from the ex..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Order to set aside ex parte decree should be supported by reasons...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Proviso - Scope - An ex parte decree is ordinarily to be set aside only as against the defendants against whom the decree has been ex parte and the suit is to be revived only qua the defendant who applied for setting aside the ex parte decree...........

Showing : 61-70 of 113 Results