Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - Resolution of no confidence motion was passed on 22.11.2010 - S.19 stands omitted from the date when amendment made effective i.e. 14.12.2010 - Single Judge fell into error by taking the date of omission with retrospective date i.e.01.07.2010 and setting aside resolution of no confidence motion - Held,..........
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..........
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..........
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..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Auction sale cannot be set aside without impleading auction purchaser...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50 -- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Merely because language of the impugned orders as also the draft submitted by the Investigating Agency seeking sanction were couched in identical terms cannot be made the basis of setting aside an order granting sanction...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
