Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter referred to Mediation Centre during pendency of appeal filed against dismissal of petition of husband for divorce - Parties amicably settled the matter - Petition u/s 13(1) of the Act converted into a petition u/s 13-B of the Act - Statement of parties recorded on 9.4.2014 and 10.10.2014 perused -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his counsel as petitioner is sanguine..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming compensation - Lower Court..........
Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days of dismissal of suit -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Companies Act, 1956, Section 34 -- Doctrine of piercing veil - Hotel Corporation of India (HCI) is separate entity incorporated under Companies Act 1956 and carrying out activity of operating and running of given canteen - Articles of association of HCI, in no way give control of running said canteen to Air India - Functions of appointment, dismissal, disciplinary action..........
Civil Procedure Code, 1908, Order 21, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Application cannot be allowed in part allowing withdrawal of suit and declining liberty to file fresh suit as it amounts to dismissal of suit itself...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Dismissal of application for setting aside ex parte decree on ground of non service of summons - Withdrawal of appeal filed thereagainst - Withdrawal of appeal means acceptance of finding that story of non service of summons is not true - Conduct of defendants is not bona fide as..........
