Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Set aside - Suit to proceed from the stage the defendant was ordered to be proceeded exparte - Defendant granted one opportunity to conclude his entire evidence at his own responsibility and without the assistance of Court...........
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, 19 -- Recovery of Debts - Application by Bank or financial institution - Jurisdiction of civil Court is barred only in regard to such applications - Jurisdiction of civil Court is not barred as regards any suit filed by a borrower or any other person..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Wife not personally served - Notice through publication in newspaper - Newspaper published from Kanpur whereas wife lived at Dehradun - Exparte divorce decree set aside...........
Civil Procedure Code, 1908, Section 9 -- Collaboration agreement - Supply of goods - Breach thereof - Plaintiff made payment under award passed against them - Cause of action for recovery of payment made under award from defendant arose only when payment made by plaintiff - Suit for recovery filed within three years thereof is within limitation...........
Criminal Procedure Code, 1973, Section 439, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 8, 9, Indian Penal Code, 1860, Section 323, 506, 109, 117, 366A, 373 -- Recovery of 31 girls detained for prostitution - No specific role assigned nor description of activities in statement of witnesses recorded u/s 161 Cr.P.C. - No specific evidence regarding inducing..........
Civil Procedure Code, 1908, Section 9, Punjab Agricultural Produce Markets Act, 1961, Section 42 -- Alternative remedy - Jurisdiction of Civil Court - Maintainability of suit - There is no express or employed bar in the Act, wereby jurisdiction of Civil Courts is barred - Suit maintanable in Civil Courts...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - If application is filed within limitation Court should dispense with leading of evidence by production of witnesses - In case evidence is required in certain cases then Court should adopt summary procedure by directing parties to file affidavits and counter affidavits of parties and their witnesses...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be filed to explain the stand in original written statement...........
