Showing : 91-100 of 115 Results

SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross objections - Principles - (1) Cross objection is like an appeal - It has all the trappings of an appeal- It is filed in the form of memorandum and the provisions of Rule 1 of Order 41 of the Code, so far as these relate to the form and contents of the memorandum of appeal apply to..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 148A-- Caveat - Notice - Service of notice - When a person who is expected to institute suit cannot be ascertained or identified with certainty - Court in exercise of its inherent power, can dispense with service of notice and permit caveator to lodge his caveat without naming any person as..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 14(3)-- Court has power to dispense with the service of notice of appeal on the defendants who had not appeared in the trial Court - This power is discretionary - Defendants were proceeded ex parte in the trial Court - Had not been personally served - In appeal Court ought not to have exercised discretion..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 14(4)-- Dispensing with service of notice of appeal on defendants who had not appeared in trial Court - Only discretionary - Appellate Court held that notice not necessary to defendants as they were proceeded ex parte in trial Court - Not correct - Defendants not personally served in trial Court -..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte decree - Setting aside - Nothing on record to show that the Court before issuing substituted service was satisfied that the defendant is keeping out of the way, for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way - Nothing on..........
PATNA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 80-- Notice - Service, validity and sufficiency of notice - Failure to file office copy - Receipts and acknowledgment due showing receipt of Railway Receipts by Railway authorities - Nothing in evidence to show that receipts and acknowledgment due did not relate to receiving of notices u/s 80 CPC -..........
RAJASTHAN HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, Constitution of India, 1950, Article 215-- Contempt of Court - Wilful disobedience must be proved beyond all shadow of doubt - Knowledge about ad interim order cannot be presumed on the basis of bald allegations about its communication to the Counsels for non-petitioners - Substituted service or service of notice upon the Counsel of a..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Ground of petitioner that she was not residing in village and notice could not be deemed to have been served on her - Evidence of process server and a witness that petitioner refused to sign on notice - Service was effected by way of Gazette publication also -..........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 7, Rule 4(2)-- Representative suit - Provisions of O.7.R, 4(2) requiring applicant to file affidavit giving details of all persons interested in suit are not applicable to grant of leave U.O.I.R8 - Where personal service to parties interested is not practicable notice of suit may be given by public advertisement..........

Showing : 91-100 of 115 Results