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Results of ex parte decree

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SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If there is failure of process of service in the manner that the law mandated, and when a petition is filed for an adjudication on merit, Court is bound to give an opportunity to the parties...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant not served and substituted service ordered - Held, there is no presumption that a person has knowledge of such a publication...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128 -- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suppressed facts from Trial Court and misrepresented Trial Court in the process of seeking relief U.O.9.R.13 CPC - Held, order setting aside ex parte decree is premised on the said suppression or misrepresentation of facts, is vitiated and has therefore to be interfered with by this..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application U.O.9.R.13 CPC cannot be filed before trial Court once decree of trial Court merges in the decree of Appellate Court...........

DELHI HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........

Showing : 501-510 of 865 Results