Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant refused to accept the summons - Summons were affixed on the premises where defendant was residing - There is thus, valid service of summons upon defendant - Application U.O.9.R.13 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - In the absence of summons/affixation/munadi having been made as per procedure prescribed, it cannot be said that defendant stood duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is maintainable on behalf of minors even if they are not represented through next friend or duly appointed guardian...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Application filed after expiry of 120 days - Benefit of S.4 of Limitation Act - Prescribed period of 3 months for filing application u/s 34(3) of 1996 Act has already expired - Discretionary period of 30 days u/s 34(3) Proviso of 1996 Act falls on a..........
Arbitration and Conciliation Act, 1996, Section 34(3), General Clauses Act, 1897, Section 10 -- Arbitral award - Setting aside - Applicability of S.10 of 1987 Act - Limitation Act is applicable to arbitration proceedings - Benefit of S.10 of 1897 Act therefore not applicable to arbitration proceedings, as said provision specifically excludes its applicability to any act or..........
Arbitration and Conciliation Act, 1996, Section 34, 43, Limitation Act, 1963, Section 4 -- Arbitral award - Setting aside - Applicability of Limitation Act - S.43(1) of 1996 Act specifically provides that Limitation Act apply to arbitrations as it applies to proceeding in Court...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral Tribunal on appreciation of entire evidence on record specifically observed that contractor failed to complete work even within stipulated extended period of time and even abandoned work - Construction company therefore, was justified in rescinding the contract..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Interest on advance for hypothecation of equipment - Once it was found that advance amount was paid for hypothecation of equipment and thereafter when Arbitral Tribunal awarded interest on advance for hypothecation of equipment, same was not required to be interfered with..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
