Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Ex parte order - Execution proceedings - Objection taken by petitioner/tenant that he was not served in main eviction petition - Tenant was in fact proceeded ex-parte way back on 04.04.2006 - After a long time eviction order was passed against him - Held, it is not believable that tenant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If there is failure of process of service in the manner that the law mandated, and when a petition is filed for an adjudication on merit, Court is bound to give an opportunity to the parties...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant not served and substituted service ordered - Held, there is no presumption that a person has knowledge of such a publication...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Ex parte order - Specific remedy is provided in the Code for redressal of grievance - If remedy provided under the Code is not availed then power u/s 482 Cr.P.C not to be resorted to - On merits of case order awarding Rs.1,000/- to wife and Rs.200/- to each child not extravagant - No good ground to interfere..........
Agreement to sell -- Suit for specific performance - Validity of agreement can be challenged by subsequent purchaser when erstwhile owners remains ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128 -- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........
