Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 15 -- Ex parte decree - Setting aside - Non service of summons - Service of summons on one family member is not service of summons on all the family members when all family members are not residing together and some are residing in a different city and some others are..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent through registered post only and not through the process serving agency - Plea that it is not service in terms of procedure provided in CPC - Held, merely because the notice had not been served through process of Court will not be material as the object is to intimate any party..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served on defendant properly - Only an AD receipt of summons sent by registered AD post produced which did not bear any seal and signature of authorized person of Company - No interference is called for in order of trial Court setting aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 226 -- Ex parte decree - Setting aside - No summons were served on respondent though a LTI has been affixed to denote that summons were served, but name of witnesses whose LTI endorsed on summons did not mention parentage, is also not there - Service report also pointed out that someone has..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Dismissal in default - There could be no dismissal in default if a defendant was already served with summons...........
Criminal Procedure Code, 1973, Section 437A -- Bail - Convict seeking direction that all convicted persons be released on bail on executing bail bonds whose trials are likely to be concluded within six months prior to disposal of trial or appeal in order to facilitate pairvi by prisoners - Held, S.437-A CrPC was not introduced to allow accused to be released prior to..........
Civil Procedure Code 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by substituted service - Substituted service can be ordered only if defendants were getting out of way for purpose of avoiding service or for any other reason summons could not be served in ordinary way - In the instant case, it cannot be said that defendants were avoiding..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Scope of O.9.R.13 CPC - Held, proceeding U.O.9.R.13 of the Code is not concerned with merits of the suit but is concerned only with two things, viz. summons were not duly served on defendant or that he was prevented for any sufficient cause from appearing when suit was called on for hearing...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
