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Landmark Judgments and Articles on Law

What remedies are available to the defendant if court passes an exparte decree against him?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 7316 of 2008 Decided On: 16.12.2008 Mahesh Yadav and Ors. Vs. Rajeshwar Singh and Ors. Hon’ble Judges/Coram: S.B. Sinha and Cyriac Joseph, JJ. Citation:  MANU/SC/8463/2008,AIR 2009 SC 1064 1. Leave granted. 2. Plaintiff in a suit for…

Whether court can set aside exparte decree only against some of defendants?

IN THE HIGH COURT OF BOMBAY Writ Petition Nos. 5123 of 2017 and 3587 of 2018 Decided On: 02.05.2019 Rupee Cooperative Bank Limited Vs. Vijaya Paints Pvt. Ltd. and Ors. Hon’ble Judges/Coram:M.S. Sonak, J. Citation: 2020 (1) MHLJ 210 1. Heard learned counsel for the…

Whether Court can refuse to set aside Exparte decree considering previous conduct of defendant?

IN THE HIGH COURT OF MADHYA PRADESH (GWALIOR BENCH) M.P. No. 1325 of 2019 Decided On: 11.03.2019 Guddi Bai Vs. Ramdas Hon’ble Judges/Coram: Gurpal Singh Ahluwalia, J. Citation: AIR 2019 (NOC) 779 MP 1. Shri Prakhar Dhengula, Advocate for petitioners. 2. This petition under Article…

When Court should decide application for Condonation of delay and application for Restoration of appeal together?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7574 OF 2016 Shaikh Mohammed Safique Vs Mohammed Sameem Mohammad Yusuf CORAM : R.G.KETKAR,J. DATE : 28/07/2016 1. Heard Mr.G.S.Godbole, learned senior counsel for the petitioners and Mr.R.A.Thorat, learned senior counsel…

SC: Party can not be denied right to file First appeal after Dismissal of Application for setting aside exparte decree

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8898 of 2019 Decided On: 21.11.2019 N. Mohan Vs. R. Madhu Hon’ble Judges/Coram: R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. 1. Leave granted. 2. This appeal arises out of the impugned order dated 24.04.2018 passed…

Whether evidence of witnesses recorded prior to passing of exparte decree can be used to confront them?

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Whether previous evidence will be wiped off if exparte decree is set aside?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Writ Petition No. 2177 of 2016 Decided On: 03.04.2018 Chandraprakash Dayaramji Lanjewar Vs. Ratnakala Wamanrao Khatkhede and Ors. Hon’ble Judges/Coram: R.K. Deshpande, J. Citation: 2018(5) MHLJ 57 1. Rule, made returnable forthwith. Heard finally by consent of the…

Whether exparte decree can be set aside without notice to some of defendants?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 883 of 2018 (Arising out of S.L.P. (C) No. 14306 of 2015) Decided On: 25.01.2018 Jayaprakash and Ors. Vs. T.S. David and Ors. Hon’ble Judges/Coram: R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation: (2018) 2 SCC…

Divorce if decree for restitution of conjugal rights is not obeyed by wife

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 32 OF 2004 Arun s/o Narayanrao Marathe Age 48 years, Occ. Service R/o. N.T.P.S. M.S.E.B. Eklahare …Appellant Nashik (Ori. Petitioner) versus Varsha w/o Arun Marathe Age 43 years, Occ. Service…

Deny SeX, attempt to suicide, Mental Cruelty – Divorce

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE 2015 PRESENT THE HON’BLE MR. JUSTICE N.K. PATIL AND THE HON’BLE MRS. JUSTICE RATHNAKALA MISC. FIRST APPEAL NO.323/2013 (FC) BETWEEN: SRI KRISHNA KUMAR S/O K.P.SUBBAIAH AGED ABOUT 46 YEARS R/OFF….

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