Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Judicial review - Order of Detaining authority is not wholly immune from the judicial review ability - The court must apply its mind as to whether the Detaining Authority has scrupulously followed the procedure - Further, any infraction or procedural lapse..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution - An application for substitution is to be filed within 90 days of death and if not filed, to file an application for setting aside abatement within 60 days and if that too is not filed, to file requisite applications for substitution and setting aside abatement with an accompanying application for condonation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Court exercising jurisdiction u/s 34 of the Act does not sit as a Court of appeal over decision of an arbitral tribunal - So long as the view of arbitrator is a plausible one though it may not be the only possible view, there should be no interference by Court u/s 34 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - No clause in the transfer deed that petitioner/son is liable to maintain respondent No.5 - Even, nothing on record with regard to non-providing of basic amenities by petitioner - Once maintenance was granted by Tribunal, same cannot be set aside without pointing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons initially issued to defendant were received back unserved and plaintiffs were directed to file fresh correct addresses of defendant - Thereafter notices were sent at new address, which were received back unserved - AD receipts were also not received back and thereafter publication was..........
Motor Vehicles Act, 1988, Section 162 -- Cashless treatment for victims of accidents during golden hour as defined u/s 2(12-A) of the Act - Central Government directed to make a scheme in terms of S.162(2) of the Act, as expeditiously as possible and in any event by 14.3.2025 - No further time shall be granted - Copy of scheme shall be placed on record on or before..........
