Prohibition of Child Marriage Act, 2006, Section 9, 3 -- Child marriage - Cognizable offence - Held, since a child marriage as defined in Prohibition of Child Marriage Act is a cognizable offence - It does not require any complaint to police to register a case and to investigate - On any information regarding such a child marriage, Police has got a legal duty to register a..........
Punjab Security of Land Tenures Act, 1953, Section 9, 11, 12 -- Execution of Pattanama - Determination of rent - Assistant Collector 1st Grade directed tenant to execute Qabuliatnama/Pattanama and to pay rent in respect of land in dispute not exceeding 1/3rd of the crop of such land or value thereof as determined in prescribed manner - Appellate/Revisional Authorities also..........
Central Excise Act, 1944, Section 9, 9A, 20 -- Non cognizable offence - Offences u/s 9 of the Act shall be deemed to be no, cognizable notwithstanding anything contained in Cr.P.C and all the offence are bailable...........
Civil Procedure Code, 1908, Section 2(2), 9, 16, 21 -- Decree passed by Court lacking jurisdiction - Decree is nullity - Finding of a Court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction - Acquiescence of a party cannot be permitted to defeat the legislative animation - Court cannot derive jurisdiction apart..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside of - Held, U.O.9.R.7 CPC, it is incumbent on petitioner to assign good cause for his no, appearance on date he was set ex parte - Petitioner in his petition has not shown any cause, much less any good cause, justifying his no, appearance on date he was proceeded ex-parte except the only plea that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte order/decree - Passing of - Duty of court - Held, court before proceeding ex parte against a defendant must cautiously see the process and report of service of summons and should not formally use the words that defendant was served but was absent - Court shall always be justified by recording cogent reasons in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
Civil Procedure Code, 1908, Section 122, 263, Order 25, Rule 9 -- Madras High Court Original Side Rules, Indian Succession Act, 1925, - Letters of administration - Probate - Grant thereof - Application filed after 3 years from death of deceased - Held, as per O.25.R.9 of Original Side Rules, in any case where probate or letters of administration is for first time applied..........
Punjab Panchayati Raj Act, 1994, Section 19(2), General Clauses Act, 1897, Section 9, 6(c)(d) -- Second no confidence motion - Moving of - Request was sent to convene the meeting to discuss `No Confidence Motion' prior to the amendment in S.19 - Held, any request or application moved prior to the amendment in S.19 of the Act shall be dealt with in accordance with the then..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Held, while dealing with application to set aside ex parte decree or condoning delay in setting aside ex parte decree, Court will not deal with merits of case...........
