CIVIL
CPC O.9 R.13 – No copy of the petition was appended – Process server was not examined
CPC, 1908 Order 9, Rule 13 – Setting aside exparte decree – Order for filing RC/AD/copies etc. – Not complied...
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CPC O.9 R.13 – Exparte decree – Setting aside of – Pleaded Non-resident Indian
CPC, 1908 Order 9, Rule 13 – Exparte decree – Setting aside of – Pleaded Non-resident Indians – In order...
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CPC O.8 R.6 – counter claim shall be treated as a plaint and be governed by the rules appli- cable to plaints.
CPC S. 11, Explanation V CPC O.8 R.6A CPC, 1908 Order 8, Rule 6-A, Section 11, Explanation V – Explanation...
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CPC O.8 R.1 whereas the defence of the defendant has been struck off after 97 days
CPC, 1908 Order 8, Rule 1 – Though the order does not mention any provision invoked,but power can be traced...
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CPC O.8 R.1 – Greater sensitivity must be shown by the court in matrimonial matters which cannot be compared to the standards of ordinary civil litigation
CPC, 1908 Order 8, Rule 1 – Striking off the defence of the respondent/wife – Has passed the order on...
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CPC O.8 R. 1 – Without affording opportunity to explain the delay the defence can not be struck off.
CPC, 1908 Order 8, Rule 1 – Non-filing of written statement – Defence struck of – But without giving a...
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CPC S. 103 – Before powers u/s 103 C.P.C. can be exercised by the High Court in a second appeal, the following conditions must be fulfilled
Civil Procedure Code , 1908 (V of 1908), Section 100, 103 - Before powers u/s 103 C.P.C. can be exercised...
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CPC S. 100, 103- There is no prohibition on entertaining a second appeal even on a question of fact
There is no prohibition on entertaining a second appeal even on a question of fact Civil Procedure Code , 1908...
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CPC S. 100, 103 – Second appeal lies only on a substantial question of law
Second appeal lies only on a substantial question of law Civil Procedure Code , 1908 (V of 1908), Section 100,...
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CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies
CPC O. 42 R. 2, CPC O. 41 R. 31 Civil Procedure Code, 1908 (V of 1908), Section 104, Order...
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CPC S. 151- Inherent powers of the Court cannot override the express provisions of the law
Civil Procedure Code, 1908, Section 151 - Inherent power of the Court - Scope of - cannot override the express...
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Judicial restraint – It is time to reiterate that public officers should not be called to court unnecessarily
Judicial restraint - It is time to reiterate that public officers should not be called to court unnecessarily - The...
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Judicial restraint – Practice of summoning officers , deprecated
Judicial restraint - A practice has developed in certain High Courts to call officers at the drop of a hat...
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Hindu Joint family – Reunion – To constitute a reunion there must be an intention of the parties to reunite in estate and interest
Hindu Joint family - Reunion - To constitute a reunion there must be an intention of the parties to reunite...
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After a partition the presumption would be against a reunion
Mayne’s Hindu law, 11th Edn., thus at p. 569: “As the presumption is in favour of union until a partition...
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