Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of `refusal' on summons - Court ordered service of summons through publication in newspaper - Newspaper not having wide circulation in the area where defendants reside - Substituted service through publication can be accepted only when it is proved that newspaper has wide circulation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 123 -- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of passing of exparte decree...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Plea that landlord is Secretary of Co-operative Transport Society and he wants to set up an office of that Society in the demised premises and need it for his own use as he is M.Sc. (Agriculture) and wants to utilize his experience by setting up a business of selling of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(b), 13(3A) -- Landlord sought eviction of tenant for setting typewriting college - Landlord quoted wrong provision of law by seeking eviction u/s 13 (3-A) of the Act - Tenant raising plea that the rented premises were not the building but an open plot and thus application was maintainable u/s..........
Haryana Control of Bricks Supplies (Amendment) Order, 2008 -- Licence granted in the year 2006 - Amendment Order 2008 not applicable to such a licence - Amendment order of 2008 is not retrospective in nature - In view of amended order, distance from village abadi has been stipulated to be 800 meters instead of 1 kilometer under the Unamended order - However, clause 4(iii)..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once an appeal against an ex parte decree is filed and appeal is disposed of on any ground other than its withdrawal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Ex parte decree - Setting aside - Explanation only provides that restoration applciaotn would not be maintainable and does not provide that appeal would not be maintainable...........
Criminal Procedure Code, 1973, Section 96 -- Forfeiture of a publication - Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture is made u/s 95 of the Code can move the High Court for setting aside the declaration on the ground that it does not contain any such matter as is referred to in sub-section (1) of..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
