Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Hearing of accused before granting leave - Once Court decides to hear accused before granting leave to appeal then it is not open to Court to grant leave to appeal ex parte without hearing the accused...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Assignee - Impleadment - Held that an assignee may be impleaded and may also continue proceedings which his predecessor-i, interest may have done - An application to set aside an ex parte decree would certainly lie at the instance of such an assignee - As the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing the ban into..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and defendant even not ready with..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Loan agreement - Recovery suit - Exparte decreed - On summons sent through ordinary process defendant was reported to be out of station as per information even by his wife - Summons sent by registered post came with remarks that addressee is not available despite repeated approach - On several dates either "Process fee was..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 16 -- Exparte proceedings - Setting aside - No express order as to petitioner being proceeded ex parte except that service is complete - Petitioner made an endorsement on the summons that name of his father is wrongly mentioned and that he has no connection with the case and that it is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Ex parte decree - Setting aside - Fraud - To prove fraud it must be pleaded and proved - To prove fraud it must be proved that representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Costs - Suit amount more than Rs.23 lakhs - Considering the quantum of suit claim, ex parte decree set aside subject to payment of Rs.10, 000/- as costs - Held, it is not the quantum of the suit claim that is to be considered but the question to be considered is whether there was any wilful..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Exparte decree - Remedy to file appeal in an ex parte decree is also available to an aggrieved party - It is not necessary, for an aggrieved party to first file an application U.O.9.R.13 CPC...........
