Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Ex parte decree passed as objections u/s 33 of Arbitration Act not filed - Setting aside exparte decree - Held, provisions of CPC are applicable...........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections u/s 33 not filed within 30 days from date of filing of award - - Decree passed - Amounts to an ex parte decree - O.9.R.13 CPC is applicable...........
Arbitration Act, 1940, Section 22, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 119 -- Arbitration award - Objections not filed within 30 days of filing of award - Ex parte decree passed - O.9.R.13 CPC applies - For limitation purpose provisions of Art.119 apply...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of 12 to 13 days in preparing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26 -- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - No plea either in plaint or in Memo of appeal before High Court that any allegations made by wife in written statement constituted mental cruelty - High Court however granted divorce in second appeal on ground that unfounded allegations by wife in written statement constitutes mental cruelty - Not proper - Appeal..........
Hindu Marriage Act, 1955, Section 13 -- Petition by husband for dissolution of marriage - Wife having doubt or belief that husband was having illicit relations with his brother's wife - No evidence except that husband himself used to say so - Allegation unfounded - Charge of false adultery amounts to cruelty on part of wife - Dissolution of marriage upheld...........
Easement Act, 1882, Section 13 -- Easement of necessity - A portion of dry land sold - Easement of necessity claimed to draw water for irrigation from the well situated in the portion of land retained by seller - Land in question dry land without any assured source of irrigation - Nothing to show that the entire land before sale was being irrigated with well water -..........
Consumer Protection Act, 1986, Section 13,14(2),14(3) -- Complicated issue - Loan - Interest - Charging of - Dispute with regard to charging of excess interest - District Forum rejected the complaint in limini holding that the complainants have to work out their remedy in a competent Civil Court inasmuch as the action in question involves voluminous evidence to be taken..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Wife did not examine any independent person to suggest that husband even made a demand of dowry or that her father was in a position to pay the same - Matter not reported to police or panchayat - Marriage survived for 7 years - Such demand could have originated just after the marriage or after a reasonable time of marriage..........
