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Showing posts with label exparte order. Show all posts
Showing posts with label exparte order. Show all posts
Sunday, 29 March 2026

Ex Parte Commissioner, Ex Parte Decree: Can the Defendant Challenge It in Appeal?

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 Q :-  Lower court has appointed court commissioner without hearing defendant as he was proceeded exparte before trial court. Whether he can...
Sunday, 29 September 2024

Supreme Court: Courts Cannot Prepone Date Of Hearing Without Giving Notice To Other Party

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   When the defendants had  appeared in the suit, the act of preponing the date without notice  to them or their advocate was completely ill...

Supreme court: Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed

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On 1st July, 2002, the defendants applied for setting aside the order dated 3rd May, 2002 by which their defence was struck out. The applica...
Monday, 26 December 2022

Bombay HC: Casual Absence Of Defendant On Insignificant Date Would Not Make Court Order Ex-Parte

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   The term ‘ex-parte’ means in absence of party. Order IX of the Code provides consequences of non-appearance of the party. Particularly, R...
Tuesday, 19 July 2022

What is duty of a litigant who is seeking exparte relief?

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    The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of   R. v. Kensington Income Tax Commissioners ,...
Tuesday, 10 May 2022

Whether the court must record evidence if defendant is exparte?

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In view of the non-appearance on behalf of the Defendant despite service, this Court is of the opinion that no ex parte evidence would be re...
Thursday, 16 July 2020

Whether the court can proceed ex parte against the accused in cheque dishonour case and give exparte decision regarding his guilt or otherwise of the matter?

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Indisputably the provisions contained in Section 138 of the Negotiable Instruments Act is a substantive offence which deals with the convic...