Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Irretrievable break down of marriage and ground of cruelty on account of subsequent facts - Decree of divorce granted...........
Service -- Compassionate appointment - Claimed by divorced daughter - When deceased employee died, her daughter was a married daughter at that time - Immediately on death of deceased employee, respondent initiated divorce proceedings u/s 13-B of Hindu Marriage Act - It only shows that purpose of getting appointment on compassionate ground decree of divorce by mutual..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Transfer of Property Act, 1882, Section 67 -- Mortgage - Decree for foreclosure - Non-impleadment of purchaser who purchased property from mortgagor before filing of suit for foreclosure, renders decree for foreclosure as non-est and void...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29, 101, 103 -- Application for stay of execution does not have any trapping of a decree as is contained in O.21.Rr.101, 103 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Mortgage - Plaintiff purchased property under mortgage much before filing of suit for foreclosure - Once plaintiff purchased property, equity of redemption is part of title as an owner and he can seek redemption of the suit land - Non impleadment of plaintiff renders decree for foreclosure as non est and void...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Financial debt - Final judgment and/or decree of any Court or Tribunal or any Arbitral award for payment of money, if not satisfied would fall within ambit of a financial debt, enabling creditor to initiate proceedings u/s 7 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Judgment and/or decree for money in favour of financial creditor, passed by DRT or any other Tribunal or Court or issuance of a certificate of recovery in favour of financial creditor, would give rise to a fresh cause of action for financial creditor to initiate proceedings u/s 7 of the Act..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - Appeal lies thereagainst - Writ petition is liable to be rejected...........
