Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........
Consolidation proceedings -- Ex-parte order - Recall - Where the various orders dismissing the appeal and recall applications were passed in absence of petitioner or her predecessor in interest, its recall without notice to them was not illegal order - Argument that fraud has been practiced by defendants is not liable to be accepted - It is only due to inadvertence, heirs..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Requirement - Prima facie satisfaction about an act of domestic violence having been committed or that there is likelihood of such an act being committed, is not required for passing an order of interim maintenance as such a requirement is mandated for passing an ex-parte order for..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex-parte order - Setting aside - Notice not given before passing order dated 3.12.2004 - Recall application rejected - Appeal filed alongwith delay condonation application - Delay condoned and appeal allowed - Once finding is recorded that order dated 3.12.2004 was an ex parte order, delay was liable to be condoned and for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have been no occasion for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
