Showing : 51-60 of 122 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside of ex parte decree - Irregularity in service of summons - Held, if the party had notice of date of hearing, it is irrelevant whether service of summons was effected or not - In such circumstances, ex parte decree cannot be set aside even if it is established that there was..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3-- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Declaration of title - Suit for - Service of notice - 50 defendants - Only defendant No.1 to 3 are contesting - Notice was served upon them by commissioner before holding investigation - Held, in consideration of the number of defendants in suit, it is not possible for commissioner to serve..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Decree on the basis of admission - Licence - Licence period expired on 31.3.2007 - By notice dated 2.4.2007 defendants asked to vacate suit property as the licence had expired - Licence deed admitted - Service of notice also not denied - Inter se dispute between husband and wife cannot resist..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso - Exparte decree - Setting aside - Notice affixed at the permanent residence of the appellant in India in the presence of appellant's father - In the absence of contention that father did not convey the fact of affixture of notice, it cannot be said that appellant was not aware of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab State Election Commission Act, 1994, Section 76, 89, Civil Procedure Code, 1908, Order 5, Rule 17-- Election to the post of Sarpanch - Notice sent to Panches by Presiding Officer - Two members refused to accept notice and thus assumed to be served - Meeting held and respondent elected Sarpanch - Held, refusal does not amount to service of notice - O.5.R.17 CPC states that in case of refusal,..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation that premises..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116-- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement in rent petition tenant admitted relationship of landlord and tenant but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC for substituted..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Can be ordered only when Court is satisfied that either the defendant is purposefully avoiding receipt of summons or having regard to the facts of the case it is not possible to serve the notice - Substituted service cannot be ordered merely on the ground that premises was..........

Showing : 51-60 of 122 Results