Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree cannot be set aside on the ground of irregularity in service of summons, if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear in Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
