Search Results for Tag : Ex-parte
News
Gauhati High Court Sets Aside Ex-Parte Order Declaring Man as Foreigner(14.09.2021)
Gauhati High Court has observed that citizenship, being an essential right of a person, ordinarily, should be decided based on merit by considering th.....
Tags : Gauhati High Court, Ex-Parte Order Declaring Man as Foreigner
Karnataka HC: Ex-Parte Order of German Court Granting Custody to Mother Not Acceptable(03.10.2023)
Karnataka High Court while refusing to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who.....
Tags : Karnataka High Court, Custody, Ex-Parte Order
SC Gives Relief to Litigant Who Suffered Ex-Parte Decree Due to Boycott by Bar Association's of Court(15.02.2019)
Supreme Court has set aside an ex-parte decree passed by Subordinate court in 2009 providing relief to defendant who suffered ex-parte decree because .....
Tags : Supreme Court, Court-boycott call by Bar Association, Ex-Parte Decree
Delhi HC: ITAT Ought to Set Aside Ex-Parte Order(24.12.2020)
Delhi High Court has held that the Income Tax Appellate Tribunal (ITAT) is ought to set aside ex-parte order, irrespective of final order decided the .....
Tags : Delhi High Court, Income Tax Appellate Tribunal, Ex-Parte Order
Bombay HC: Arbitral tribunal Cannot Pass Ex-Parte Order on Mere Filing of Interim Application(19.10.2021)
Bombay High Court has held that an arbitration tribunal cannot pass an ex-parte order on the mere filing of an interim application as the Arbitration .....
Tags : Bombay High Court, Ex-Parte Order
SC: Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree Is Dismissed(08.05.2019)
Supreme Court has noted that “Only in cases where the Defendant has adopted dilatory tactics or where there is lack of bonafide in pursuing the two re.....
Tags : SC, Ex-Parte Decree
SC Refuses Mohammad Azam Khan’s Plea Seeking Ad-interim Ex-Parte Bail(08.02.2022)
Supreme Court has refused to entertain a plea seeking ad-interim ex-parte bail filed by Mohammad Azam Khan, Samajwadi Party's candidate from Rampur in.....
Tags : Supreme Court, Ad-interim Ex-Parte Bail
Calcutta HC Imposes Stay on Ex-Parte Injunction Issued in Favour of Son of Narayan Debnath(10.03.2022)
Calcutta High Court has imposed a stay on an ex-parte injunction issued by a trial Court in favour of the elder son of renowned illustrator Late Naray.....
Tags : Calcutta High Court, Ex-Parte Injunction, Son of Narayan Debnath
SC: Proceedings Questioning Employee’s Caste Certificate Can’t be Done Ex-Parte(20.03.2023)
Supreme Court has held that in a scenario where validity of community certificate is put to question, keeping in mind the importance of document and e.....
Tags : Supreme Court, Caste Certificate, Ex-Parte
Supreme Court: Ex-Parte Decree On Being Set Aside Becomes Non-Est(12.09.2017)
Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.
Tags : Supreme Court, ex-parte decree
Delhi HC Grants Ex-Parte Ad-Interim Injunction Against Satta Dream 11(06.04.2022)
Delhi High Court has granted ex-parte ad-interim injunction in a suit against trademark infringement filed by Dream 11, a fantasy sports platform, aga.....
Tags : Delhi High Court, ex-parte ad-interim injunction, trademark infringement, Dream 11, fantasy sports platform, Satta Dream 11
Judgments
Unless proved contrary, service of notices sent properly addressed, prepaid and by registered post would be deemed to be proper service.(17.10.2016)
Instant appeal filed by Appellants aggrieved against order passed by Additional District Judge, whereby, application filed by Appellants under Order I.....
Tags : Ex-parte order, Validity, Notices, Service
Term 'sufficient cause' should be construed liberally but that does not mean every cause should be accepted as sufficient cause(13.04.2017)
Instant application has been taken out by Defendant for recalling of a decree for Rs. 26,54,355.74 along with pendente lite interest at rate of 18 per.....
Tags : Decree, Ex-parte, Validity
Before passing order of service of summons, it was duty of Court to examine Process Serving Officer/Bailiff, if his report is not on affidavit(10.07.2018)
The Appellant-husband ('the Respondent') against whom decree of dissolution of marriage has been passed in the petition filed by the Respondent-wife (.....
Tags : Service, Summons, Ex-parte decree, Validity
Arbitration tribunal cannot pass an ex-parte order on mere filing of an interim application as the Arbitration Act mandates sufficient advance notice for any hearing(13.10.2021)
Present is an appeal filed under Section 37 of the Arbitration and Conciliation Act,1996 (Arbitration Act) assailing an ex-parte order passed by the l.....
Tags : Ex-Parte order, Legality
Equal chance should be given to the parties to contest the litigation before the Court(27.05.2022)
The precise grievance of the Appellant (Corporate Debtor) is that, they had filed their Reply on 12th August, 2021 within the time provided by the Tri.....
Tags : Ex-parte proceedings, Reply, Filing of
Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)
Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....
Tags : Delay, Condonation, Ex-parte decree
Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)
The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....
Tags : Ex-parte decree, Delay, Condonation