Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant claimed that summons not duly served to her - However, notice was sent to defendant through Nazarat and service report was returned with note that summons could not be served upon defendant as she was not found in her house - Court was..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Service -- Dismissal - Finding of guilt recorded by Enquiry Officer in his report is with regard to Charges Nos.2-7, which was confirmed by Disciplinary authority in appeal after affording reasonable opportunity to employee and expressed his brief reasons for upholding finding of guilt and penalty of dismissal - Mere fact that employee was not heard before holding him..........
Advocates Act, 1961, Section 7(1)(h), Constitution of India, 1950, Article 19(1)(g) -- Ban on opening of New Law Educational Institutes - Due to non-compliance of guidelines/circulars by law college already approved - BCI cannot justify its failure to ensure maintenance of standards of Legal Education by imposing complete ban on setting up of New Law Colleges in violation..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Service -- Charge of neglect of duty - Order of compulsory retirement set aside by High Court and substituted it by an order of re-instatement with 50% back wages - Various allegations against respondent arise out of gross neglect of duty with respect to theft of railway property - Said charge found to have been proved by Disciplinary authority, appellate authority and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant who suffered ex parte decree can simultaneously invoke two remedies i.e (i) by filing an application for setting aside ex parte decree U.O.9.R.13 CPC; and (ii) by filing an appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
