Showing : 31-40 of 122 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 80-- Notice - Service of notice u/s 80 CPC after institution of suit - Basic defect is not cured - Dismissal of suit - No interference...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 5, Rule 17, 19-- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 2, Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 5, Rule 20-- Dismissal of suit - Non-service of summons - Order dismissing suit U.O.9.R.2 of CPC for not taking steps to furnish correct address of 1st defendant - 1st defendant was reported to have gone abroad and not residing at the address where summons had been taken - Notice was given to his father who..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Four defendant - Two served with notice - Injunction application not to be decided finally before service of notice to the remaining defendants - Courts below committed a patent error in passing the impugned order as against the defendants not served with notice for..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 5, Rule 1-- Summons - Service - Purpose and object of service of any Court notice is that concerned person against whom other side wants to claim any relief and/or want them to make some payment, and/or have some rights which they want to execute, must be joined as a party - It is also necessary for Court to..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 5, Rule 17-- Service of summons - Proof - Held, once there is an endorsement of refusal by a party, the person who is serving the notice is required to point out that he has identified the person and the same person either by the party to the litigation or by punchas or neighbours in the area...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Summons sent through registered post only and not through the process serving agency - Plea that it is not service in terms of procedure provided in CPC - Held, merely because the notice had not been served through process of Court will not be material as the..........

Showing : 31-40 of 122 Results