Search Results for "service of summons"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "service of summons"

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High Court

High Court of Bombay at Goa Dismisses Landlords' Writ Petition in Rent Eviction Case, Upholding Restoration of Suit for Merits Hearing. Service of Summons Was Defective as Made on Wrong Address and to Incorrect Person, and Tenant Deposited Arrears of Rent Under Section 32 of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, Entitling Them to Contest Proceedings.

27 Mar 2026

The dispute arose from a rent eviction suit filed by landlords against the legal heirs of a deceased tenant under the Goa, Daman and Diu Buildings (Le...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

29 Nov 2024

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

29 Nov 2024

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

High Court

High Court of Karnataka Allows Wife's Petition to Set Aside Ex Parte Divorce Decree Due to Lack of Proper Service and Violation of Natural Justice. The court held that the Family Court erred in dismissing the wife's application under Section 151 CPC as the wife was not served with summons and the decree was passed without ensuring proper service.

29 Jul 2024

The petitioner, H.P. Komala (wife), filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.02.2020 passed...

High Court

High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities in Service of Summons. Failure to Affix Summons on Court Building and Lack of Proper Service Affidavit Renders Ex Parte Decree Unsustainable Under Order V Rule 17 and Order IX Rule 6 CPC.

18 Mar 2024

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte decree passed in a partition suit (O...

High Court

High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

12 Mar 2024

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

Supreme Court

Supreme Court Dismisses Appeal Against Ex-Parte Decree in Property Dispute — Service of Summons Valid Through Vakalatnama Filed by Constituted Attorney

4 Mar 2020

The case pertains to a suit filed by respondent No.1 (Bhavesha Suresh Goradia) against the appellant (Aviation Travels Pvt. Ltd.) and others seeking p...

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