Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order can only be entertained if filed before conclusion of arguments - After conclusion of arguments, remedy available is to file proceedings for setting aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - When a document is valid, no question arises of its cancellation - However, when a document is void ab initio, a decree for setting aside same would not be necessary as the same is non-est in the eye of law, as it would be a nullity...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Discharge of effluent in National Sanctuary - Nothing on record to indicate that before imposing damages of Rs.10 Crores any show cause notice was issued to the writ petitioners - Neither respondents was given any opportunity of hearing by authorities concerned - Imposing damages of Rs.10 Crores, thus can be said to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Setting aside - High Court while setting aside ex parte decree commented upon legality and validity of judgment and decree passed by trial Court - Before considering judgment and decree on merits and/or expressing anything on merits on legality and validity of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - On setting aside ex parte decree parties are relegated to the position as they were at the time when exparte judgment and decree was passed - Defendant who had not filed written statement inspite of availing number of opportunities shall not be permitted to file written statement but they..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........
Service -- Termination - Cancellation of ST caste certificate - Respondent belongs to OBC category but he obtained a caste certificate showing him to be ST - However, as per clear findings of Caste Scrutiny Committee he does not belong to ST category and his ST caste certificate was cancelled by Committee and same remained unchallenged till date - Consequently, respondent..........
