Showing : 441-450 of 665 Results

MADRAS HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 9(2)-- Restoration of suit - Notice to opposite party is mandatory - Suit restored without notice to the opposite party - Thereafter defendant proceeded exparte and exparte decree passed - Held, restoration of suit without notice to opposite party is illegal and contrary to O.9.R.9(2) CPC - Exparte..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Arbitration Act, 1940, Section 14, 17, 39, 41, Civil Procedure Code, 1908, Order 9, Rule 13-- Award made rule of Court after notice to appellant by Single Judge of High Court - Appellant moving an application U.O.9.R.13 for setting aside decree making the award rule of Court terming it ex parte and pleading sufficient cause of non appearance - Rejected by Single Judge - LPA is not..........
ORISSA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- For exercising jurisdiction under the provision the three basic ingredients mandatorily required to be satisfied are : (a) The appeal should have been heard ex parte; (b) The notice on the respondents was either not duly served, or (c) The respondents were prevented by sufficient cause from..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Sale without notice to J.D. is nullity - Jurisdiction to sell the right arises in a Court only where the owner is given notice of the execution for attachment and sale of his property - On notice owner can offer his estimate as he is the person who intimately knew the value of his property..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Sale - Notice not given to J.D. for drawing up sale proclamation - Amounts to substantial injury - Sale set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127-- Auction sale - Setting aside - Limitation - Notice not given to J.D. for drawing up sale proclamation - Sale is a nullity - There is no question of 60 days limitation in making application for setting aside sale...........
DELHI HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Notice to the opposite party - Suit was dismissed in the absence of the defendant - It is not necessary to issue notice to the other party...........
RAJASTHAN HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Proviso - Exparte decree - Setting aside - Name and addresses of witnesses not mentioned in whose presence affixation of summons was made at the house of the petitioner - Defendant had notice of date of hearing - Exparte decree on basis of irregularity in service of summons cannot be set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 39, Rule 3-A-- Temporary injunction - Exparte - Such an application be disposed of within 30 days from the date of order after giving notice to other side - Attempt of the party who obtained such an order, to stall the proceedings from passing an order on merits - Deprecated...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 90-- Auction sale - Setting aside - Objections to attachment and proclamation of sale can be raised after sale is conducted if J.D. had no notice of attachment or the factum of the proposed sale...........

Showing : 441-450 of 665 Results