Search Results for "exparte order"

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Search Results for "exparte order"

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High Court

Bombay High Court Dismisses Revision Against Condonation of 764 Days Delay in Filing Appeal Against Ex-Parte Decree. Defendant's Lack of Knowledge of Suit Proceedings Held Sufficient Cause Under Section 5 of Limitation Act, 1963.

29 Jun 2016

The case arises from a civil revision application filed by the defendant (Nasirkhan Shamsher Khan) challenging the order of the lower appellate court ...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

Supreme Court

Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

28 Feb 2022

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

4 Feb 2005

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...

High Court

Bombay High Court Allows Second Appeal Against Rejection of Condonation of Delay in Exparte Decree Case. Court Holds That Liberal Approach Is Required When Delay Is Not Due to Wilful Neglect and Sufficient Cause Is Shown.

19 Dec 2018

The case involves a Second Appeal filed by Pushkaraj Wagh (appellant/original defendant) against an exparte decree passed in Spl. Civil Suit No. 22/20...

High Court

Madras High Court Dismisses Revision Against Execution of Ex-Parte Decree in Money Suit — Procedural Compliance Under Order 21 Rule 11[A] CPC Upheld. Execution Petition Filed with Proper Affidavit of Assets and Within Limitation, No Ground to Dismiss EP.

1 Jun 2026

The case involves a Civil Revision Petition filed by A.S. Jahangir (petitioner) challenging the order dated 30.01.2026 in EA No.3/2025 in EP No.688/20...

High Court

Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

1 Feb 2016

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

High Court

Bombay High Court Sets Aside Exparte Decree in Specific Performance Suit Due to Non-Compliance with Order V Rule 20 CPC for Substituted Service. The court held that the trial court must record satisfaction that ordinary service is not possible before ordering substituted service, and failure to do so renders the exparte decree a nullity.

7 Jul 2015

The appellant/defendant, Janglu son of late Damdu Durge, appealed against the judgment and decree dated 13th June 2014 passed by the trial court in Sp...

High Court

Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

27 Jan 2026

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...

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