Showing : 21-30 of 111 Results

ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106-- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and disposed of within..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Publication of notice in daily newspaper - When service is intended by an advertisement in a newspaper, newspaper shall be a daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resides or carries on business or..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Notice ordered through Court Process Server returned unserved with endorsement that respondent is not residing in the given address - Fresh notice has to be ordered instead of sending to the correct address...........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13-- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to service of notice through publication - Held, wife was..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20-- Ex parte decree - Setting aside - Resort to O.5.R.17 CPC not taken by Court prior to allowing an application for substituted service of defendant nor satisfaction as required u/o 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision - Ex parte decree set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte Decree - Setting aside - No court shall set aside a decree passed ex-parte merely on the ground that there had been an irregularity in service of summons, if the court was satisfied that defendant had notice of the date of hearing and had sufficient time to appear and answer plaintiff's..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 5, Rule 20(1A)- - Summons - Substituted service - Notice is required to be published in daily newspaper circulated in the locality in which defendant is last known to have actually and voluntarily resided or carried on business or personally worked for gain - Held, non publication of notice in the newspaper in a..........
DELHI HIGH COURT
Year of decision: 2013
Details
, Section 14(1)(e), 25B, 80- - - Eviction petition - Bona fide need - Requirement of service of notice on Govt. - Applicability of S.80 CPC - Held, S.25B of DRC Act is a special Code and instant eviction petition filed u/s.14(1)(e) of DRC Act on ground of bona fide requirement has to be dealt with as per specific provisions of..........

Showing : 21-30 of 111 Results