Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - If a party chooses to file an application U.O.9.R.13 CPC before Sub Court to set aside decree, he would also be required to consider it to file an appeal simultaneously to avoid delay in filing appeal before District Court...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 23(2) -- Execution - Issue raised in application u/s 47 CPC - Cannot be raised again U.O.21.R.23 CPC...........
Constitution of India, 1950, Article 139A(2), Supreme Court Rules, 1966, Order 41, Rule 2, Civil Procedure Code, 1908, Section 25 -- Transfer of petition - Supreme Court has been conferred with power by Constitution u/Art.139A(2) to transfer cases and has also been conferred statutory jurisdiction to transfer case - Rules have been framed accordingly - Supreme Court has..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to such properties - Material..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days by defendant due to sickness of his Counsel who moved out of State for his treatment - Defendant being a layman did not understand the nuances and technicalities of law and had relied upon the legal advice given to him - Defendant may suffer in case decree of damages of Rs.1 crore..........
