Search Results for "ex parte decree"

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Search Results for "ex parte decree"

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High Court

High Court of Karnataka Allows Wife's Appeal in Divorce Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service and Violation of Natural Justice. Marriage Solemnised on 24.02.2002; Husband Failed to Prove Cruelty or Desertion; Court Held That Ex Parte Proceedings Without Sufficient Service Are Invalid Under Hindu Marriage Act, 1955.

28 Apr 2026

The appellant-wife, Sudha, filed an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the ex parte divorce decree dated 05.12.2016 ...

High Court

High Court of Karnataka Quashes Execution Order Against Insurance Company in Workers' Compensation Case — Attachment of Bank Account Without Notice Under Order 21 Rule 22 CPC Held Illegal. The court held that mandatory notice under Order 21 Rule 22 CPC must be issued before executing an ex parte decree, and failure to do so vitiates the attachment order.

7 Jul 2023

The petitioner, The New India Assurance Company Ltd., challenged an order dated 19.04.2023 passed by the II Additional Senior Civil Judge and JMFC, Ra...

High Court

High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

7 Apr 2015

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...

High Court

Bombay High Court Allows Restoration of Land Acquisition Reference Dismissed for Default Despite Merits Decision. Order IX Rule 9 CPC Application Maintainable When Reference Court Decides Case on Merits in Absence of Applicant.

2 Feb 2015

The petitioner, Arvind Vyankatrao Tarar, was the original applicant in Land Acquisition Case No. 19 of 2001 pending before the Reference Court under S...

High Court

Bombay High Court Sets Aside Ex Parte Divorce Decree for Lack of Proper Service of Summons in Hindu Marriage Act Case. Service of summons must be at correct address and refusal must be properly proved; ex parte decree without proper service is a nullity.

22 Dec 2014

The appellant, Deepali Pratap Sonawane, the wife, challenged the judgment and decree dated 10th February 2012 passed by the Family Court, Aurangabad i...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service.

30 Sep 2014

The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...

High Court

Bombay High Court Allows Husband's Appeal Against Setting Aside of Ex Parte Divorce Decree, Remands Matter for Fresh Hearing. Family Court's Order Setting Aside Ex Parte Decree Set Aside Due to Lack of Proper Hearing to Husband.

4 Aug 2014

The appellant husband filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the ground of cruelty. The Family Court at...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Due to Violation of Natural Justice — First Appellate Court Decided Ex Parte Without Hearing Defendants. Reversal of Suit Dismissal Set Aside as Appellate Court Failed to Ensure Service or Record Absence of Respondents, Remanding Matter for Fresh Hearing.

15 Apr 2014

The case involves a second appeal arising from a property dispute between brothers. The appellants (original defendants) are Laxman s/o Budhaji Mudank...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

17 Feb 2009

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

17 Feb 2009

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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