Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For collection of evidence, Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
Indian Penal Code, 1860, Section 363, 342, Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Kidnapping and sexual assault - Victim is found to be tortured on account of previous rivalry between her mother and accused regarding use of auto-rickshaw - Owner of auto rickshaw does not support the case of prosecution - Evidence of other PWs are based on..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Petition by wife - Mere filing of petition u/s 9 of the Act by husband cannot mar rights of wife under the law...........
Protection of Children from Sexual Offences Act, 2012, Section 9(f), (m), 10 -- Sexual assault - Accused/teacher of victim brought victim to staff room and had caused physical contact on the child victim by lying upon his body while he also was lying on the desk - Therefore, overt acts at the instance of accused would show physical contact between child and accused - Prima..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Provisions of CPC are applicable to proceedings before Family Court and thus Family Court has jurisdiction to entertain an application U.O.9.R.13 CPC...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
