Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Court is required to entrust the job of local proclamation to some other process server other than one who was earlier entrusted to serve the summons and who made a report of refusal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving..........
Specific Relief Act, 1963, Section 5 -- Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on defendants - Considering that suit property has been let out by defendants to different persons from time to time - Defendants are directed to inform such tenants that they would be bound by decree if any order..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Evasive or vague denial of facts in written statement may be taken to be an admission of facts made in plaint...........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151 -- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
Hindu Marriage Act, 1955, Section 12, 5 -- Voidable marriage - Age of husband was less than 21 years on the date of marriage and he was not of marriageable age - Wife on the other hand is major - Marriage between parties is not null and void - At the most marriage would be a voidable marriage as per S.12 of the Act...........
Hindu Marriage Act, 1955, Section 12, 5(iii) -- Annulment of marriage - Marriage in contravention of age eligibility - Petition by husband - Marriage solemnized in contravention of S.5(iii) of the Act i.e before the parties attains marriageable age is neither void nor voidable and cannot be declare a nullity - Application u/s 12 of Act held, rightly dismissed...........
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23 -- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment..........
