Showing : 91-100 of 122 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Service of summons by substituted service - Notice sent by ordinary process and by registered post - Not returned unserved - Order for substituted service - Held, Court's satisfaction that defendant is avoiding service or service cannot be effected in an ordinary way is implicit in the order..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Summons - Service by substituted service - Notice ordered to be published in daily `Dainik Bhaskar' but published in daily `Aacharan' - `Aacharan' widely circulated in the area - Publication of notice in `Aacharan' is a mere irregularity and an exparte decree cannot be set aside merely on the..........
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...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance..........
JHARKHAND HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Publication of notice - Cannot be ordered unless Court is satisfied that defendant is avoiding service of summons or summons cannot be served in the ordinary way...........
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 -..........

Showing : 91-100 of 122 Results