Showing : 331-340 of 768 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20-- Ex parte decree - Setting aside - Service of summons through registered post - Received back with postal endorsement 'Not claimed. No such person refer sender' - Postal article thus only mentions non finding of addressee and not that the addressee refused to accept summons - No occasion for..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Issuance of non bailable warrants at the first instance - Deprecated - Court in the first instance should issue summons and only thereafter should issue bailable and thereafter non bailable warrants in case of failure to appear...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Trial Court can exercise the power U.O.7.R.11 CPC at any stage of the suit before registering the plaint or after issuing summons to the defendant, any time before the conclusion of the trial...........
THE UNION TERRITORY STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13, 15-- Ex parte order - Appeal against - Issue of notice - As per the provisions of Regulation 10 of the Regulations 2005 ordinarily notice shall be issued for a period of 30 days for the service of OP - District Forum issued notice of less than 15 days - In report of process server it is written that..........
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13, 15-- Ex parte order - Appeal against - Issue of notice - As per the provisions of Regulation 10 of the Regulations 2005 ordinarily notice shall be issued for a period of 30 days for the service of OP - District Forum issued notice of less than 15 days - In report of process server it is written that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - To be granted where defendant raises a defence which is substantial in nature and is not frivolous or vexatious - Leave has to be granted after hearing the parties - If defendant does not apply for leave to defend within 10 days of service of summons then plaintiff..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Consent decree-- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17-- Exparte decree - Setting aside - Report of process server that wife refused to accept summons - Person identifying wife not known to process server - Process server did not knew defendant personally - Process server had not called any Panch, Sarpanch, Lambardar or Chowkidar of the village to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20-- Exparte decree - Setting aside - Report of refusal to accept summons - Substituted service by beat of drums in the village - Such mode for effecting service also not adopted and no copy of summons and petition affixed on residential home of the wife - Exparte decree set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Substituted service - Publication in newspaper - Copy of newspaper not sent to house of defendant by registered post by newspaper authorities - No evidence that said newspaper was having circulation in the said area - Proper service of summons was not effected -..........

Showing : 331-340 of 768 Results