Showing : 681-690 of 1077 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 14-- Appeal - Service of summons - Service of summons through process of Court is mandatory - Several process servers gave notice relating to service and their endorsements sufficient to show service of notice - No material to show that such reports were false or erroneous - Order rejecting application..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1-- Exparte decree - Dismissal of application to set aside exparte decree - Remedy available is to file appeal and not revision...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsoundness of mind - Trial Court relying on report of Psychiatric Centre for holding defendant to be of unsound mind - Court itself not making an enquiry - Medical report not showing who examined defendant as regards his mental incapacity - Order of trial Court set aside - Trial Court directed to..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101-- Auction sale - Setting aside - At the instance of D.H. - Sale confirmed within 30 days of acceptance of the bid - Not by itself decisive to set aside sale after 8 years...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Decision of appeal without formulating substantial question of law - Judgment set aside - Matter remitted for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5)-- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-A-- Compromise decree - Setting aside - Can only be challenged by way of review or an application to set aside decree by invoking inherent jurisdiction of Court within a reasonable time...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Observation in order sheet that registered notice was refused by defendant - However the notation on envelope washed away - What was the notation unknown to Court at the time of deciding application U.O.9.R.13 CPC - In such a situation, the person who delivered..........

Showing : 681-690 of 1077 Results