Showing : 81-90 of 115 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2), Civil Procedure Code, 1908, Order 5, Rule 20, 15-- Notice - By affixture - Not a valid notice in the absence of process server making repeated efforts to effect personal service and in the absence of Court ordering to follow the procedure contemplated u/o 5 rule 20 CPC on a report of process server...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 80-- Notice - Sent as per registered post - Unrebutted statement of plaintiff to same effect - Service of notice held, proved...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Applicant filed revision against decree which was pending before Revisional Court - Held, merely filing of or pendency of revision does not take away jurisdiction of trial Court to entertain and dispose of application - When applicant was proceeded exparte without..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 6-- Fixing date for appearance of defendant - Summons issued on 18.8.1987 and service effected on 19.8.1987 for date fixed in the case as 20.8.1987 and exparte decree passed on 1.8.1988 - Date fixed in the case was keeping in view the residence of the defendant - Defendant had adequate notice of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123-- Expln. - Substituted service - Notice in newspaper `Andhra Prabha' - Defendant stating that he is a subscriber for `Eenadu' and had no access to `Andhra Prabha' - No inference can be drawn that defendant had knowledge of ex parte decree - No warranting circumstances to ask parties to adduce..........
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...........

Showing : 81-90 of 115 Results