Showing : 1-10 of 667 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal against exparte decree - Dismissal of application to set aside exparte decree - Not a bar to file appeal against exparte decree...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Counsel could not appear due to boycott of Courts by Advocates - Sufficient cause shown for non appearance - Ex parte decree set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2-- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to hear the suit ex parte..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Minority and Guardianship Act, 1956, Section 6, Hindu Marriage Act, 1955, Section 13B-- Custody of children - Divorce by mutual consent - Decree of divorce with conditions regarding custody of children - Custody of children granted to father - Husband was to provide education, medicines and marriage of son and wife was to provide education, medicines and marriage of daughter - Now..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor to be taken..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former marriage as..........

Showing : 1-10 of 667 Results