Showing : 41-50 of 637 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - Order allowing or dismissing application for setting aside ex parte decree is not interlocutory order within ambit of S.19(1) of the Act and thus, it is appealable...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex-parte judgment or decree u/s 9 of Hindu Marriage Act, cannot be relied within the ambit of S.125(5) Cr.P.C. to deny maintenance to wife...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Mere non filing of medical certificate itself is not a valid ground to dismiss the petition - Court has to take into consideration totality of facts and circumstances of the case while passing an order in the interlocutory applications...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving opportunity to the..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145-- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........

Showing : 41-50 of 637 Results