Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit U.O.1.R.8 CPC - Exparte decree passed - Execution - Respondent Nos.1 & 2 not party to the suit - Respondent Nos.1 & 2 seeking to set aside the exparte decree and for getting themselves added as additional defendant - Executing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree not executed as per prescribed procedure - Court also not gave a finding on service of summons on defendant or as regards sufficiency of causes preventing him to appear in suit by adducing evidence - Once it is found that decree has not been duly executed, provision of O.9.R.13 is..........
Consumer Protection Act, 1986, Section 13, Consumer Protection Regulations -- Regulation 9 - Regulation 9 - Regulation 9 - Procedural defect - Affidavit - Non - filing of in support of pleadings - Complaint dismissed - Held that as per Regulation 9, framed under the CP Act, it is the duty of the Registry to point out any defect in filing the complaint, and to give an..........
Criminal Procedure Code, 1973, Section 156, 482, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(e), 13(2) -- Change of Investigation Officer - Complainant stepped into the shoes of IO - His wife was one of the beneficiaries who was involved in the affairs of the housing society for the land sold by petitioner in the form of plots - Since serious allegations have..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Expert report - Hand writing expert - It is not necessary that party should always apply for examination of document by Hand Writing Expert - It is also the duty of the District Forum to get such an opinion if there are allegations made by the party as to the genuineness of the signatures for just and material..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Preponderance of probability - Accused clearly establishing that money was planted by complainant when he visited accused`s house on tea - Mere recovery of money from house of accused is not sufficient to convict him for the offence - In absence of cogent evidence that public servant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Not a ground to set aside exparte decree when Court is convinced that defendant had otherwise knowledge of the proceedings and he could have appeared and answered the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Exparte decree - Setting aside - Civil suit for recovery transferred to Debt Recovery Tribunal - Exparte decree passed - Suppression of material facts that they appeared in the civil suit and filed written statement and other applications -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Tender of rent - Denial of relationship of landlord and tenant amounts to a positive assertion of a right not to tender rent - In such cases it is not expected of the Rent Controller to pass an assessment order of rent directing tenant to pay the rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Tenant conceded that landlord had been issuing rent receipts but the same not forthcoming on record - Eviction ordered on account of insufficient tender - Eviction order upheld...........
