Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed after 3 months of passing ex..........
Service -- Select list for promotion to post of IAS - Application of petitioner dismissed - Reconsideration of his suitability - Plea that there should not be any Judicial Review of assessment made by selection committee because it is manned by high officers or Court cannot sit in appeal over its assessment is an excessive generalisation and if accepted would lead to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - Mere fact that tractor attached with trolley directly hit motorcycle of deceased is not at all sufficient to contribute negligence to driver of motorcycle on which deceased was a pillion rider - Plea of contributory negligence held, rejected...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Plea of the insurance company that the insured is guilty of committing breach of terms and conditions of insurance constituting a defence u/s 149(2) of the Act - Plea held not tenable as driver was holding a valid license with authorization to drive the vehicle in question...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........
Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1) -- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
