Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff has resulted in grave..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal in default - Appeal transferred to Uttaranchal High Court as there was reorganisation of State of U.P. - Non appeared in the transferee Court being unaware of such transfer - Appeal dismissed in default - Matters deserves to be heard on merit - Order of dismissal set aside...........
Civil Procedure Code, 1908, Section 19 -- 'Wrong was done' - Meaning - 'Wrong' involves the violation of one's right - 'Wrong done' includes the effect of the act and the resultant damage - If the act does not lead to any consequence or damage, such act may not be actionable - 'Wrong done' occurring in S.19 CPC should be understood as including the effect of the act...........
Consumer Protection Act, 1986, Section 19, 21, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte order - Setting aside - Sought on the ground that exparte order was passed by National Commission as counsel of appellant returned the brief to appellant without informing the date of hearing - Factual position not disputed - Exparte order set aside...........
Hindu Marriage Act, 1955, Section 13(1), 19, Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer - Divorce petition by husband at place `R' - Marriage solemnized as per Hindu rites at `J'- Wife filed transfer petition on the ground that she is dependant upon her brother and is staying at present at `J' - Further contention that her parents are aged and it..........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20, 20(a), 20(b), Copyright Act, 1957, Section 62(2), Trade Marks Act, 1999, Section 134(2) -- Territorial jurisdiction - Residence of defendant - Important factor for considering jurisdiction...........
Civil Procedure Code, 1908, Section 16, 17, 18, 19, 20, 20(a), 20(b), Copyright Act, 1957, Section 62(2), Trade Marks Act, 1999, Section 134(2) -- Intellectual property rights - Territorial jurisdiction - Where property rights vests in plaintiff, advantage has been given to plaintiff to file a suit under S.62(2) of Copyright Act and S.134(2) of Trade Marks Act wherever he..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 19, Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Interim maintenance - Court can grant inter maintenance even during pendency of an application seeking permission to sue in forma pauperis...........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Defendant residing outside the territorial jurisdiction of Court - Court cannot issue summons by registered post acknowledge due to a defendant residing outside territorial jurisdiction of Court - However, a defendant residing outside the territorial jurisdiction of Court can be served either..........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Summons sent to a defendant living outside the territorial jurisdiction of Court even if refused to be accepted cannot be deemed to be proper service as summons to a defendant living outside the territorial jurisdiction of Court cannot be sent by registered post...........
