Showing : 51-60 of 115 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 12, Rule 2, 2-A-- Documentary evidence - Parties can produce documentary evidence at or before settlement of issues - This is an additional stage to admit or deny or object to the admissibility of the document - Rule 2A thereof provides for deemed admission, if documents are not denied within stipulated time frame..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Irregularity of service of notice - To be ignored only if Court is satisfied that party had notice of the date of hearing and had sufficient time to appear and contest the claim of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Defendant residing in USA for the last about 25 years - Service by beat of drums or publication of a notice in a local newspaper which has no circulation in the USA cannot be said to be an effective service...........

Showing : 51-60 of 115 Results