Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte decree - Setting aside - Resort to O.5.R.17 CPC not taken by Court prior to allowing an application for substituted service of defendant nor satisfaction as required u/o 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision - Ex parte decree..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Substituted service - If there is failure on part of plaintiff to serve the defendant in the normal way, only then question of substituted service arise - Service through publication has itself caused miscarriage of..........
Civil Procedure Code, 1908, Order 12, Rule 6(1), Specific Relief Act, 1963, Section 20 -- Suit for specific performance - Decree on admission - Admission by defendant that full payment due under suit agreement, as it originally stood, was received - Not an admission entitling plaintiff to grant of specific performance particularly when defence was that when agreement was..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication is an acknowledged mode of service and once effected litigant cannot turn around to say that merely because all initial modes of regular service such as affixation and munadi were not exhausted, this would render the publication issued U.O.5.R.20 CPC as meaningless...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession on the basis of title - Defendant in permissive possession of part of house - Plaintiff on proof of title as owner is entitled to possession - Held, in absence of any counter-claim, defendant has no legal right to refuse to hand over possession to plaintiff...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - While passing decree for possession Court has discretion to, either, if sufficient evidence is available on record for the determination of mesne profits, to also pass a decree for mesne profits, or if evidence brought on record is not sufficient for such determination, to direct an enquiry as to such mesne..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Held, Act is penal in nature - Penal enactment will not operate retrospectively - Act committed by applicant on 01.07.2005 cannot be brought into ambit of the Act which came into force on 26.10.2006 - Proceedings u/ss 18, 19, 20..........
Civil Procedure Code, 1908, Order 5, Rule 20(1A) - - Summons - Substituted service - Notice is required to be published in daily newspaper circulated in the locality in which defendant is last known to have actually and voluntarily resided or carried on business or personally worked for gain - Held, non publication of notice in the newspaper in a locality where head office..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Though substituted service is a sufficient service in ordinary circumstances, but before that court must be careful to see that conditions enumerated in O.5.R.20(1) have been strictly compiled with - Unless Court is satisfied that defendant is keeping out of the way for the purpose of avoiding service or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
