Title : Settings Aside Decrees Ex Parte
State : Central
Year : 1908
13. Setting aside decree ex parte against defendants In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also: 1 [Provided further..... View Complete Act List Judgments citing this sectionTitle : Power to Set Aside Decrees and Orders Passed Against Serving Seaman
State : Central
Year : 1958
(1) Where in any proceeding before court, a decree or order has been passed against any seaman while he was a serving seaman, the seaman, or if he dies while he is a serving seaman, his legal representative, may apply to the said court to have the decree or order set aside, and if the court after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the seaman, the court shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (1) of section 179, award, subject to such conditions as it thinks fit to impose, damages..... View Complete Act List Judgments citing this sectionTitle : Power to Set Aside Decrees and Orders Passed Against an Indian Soldier Serving Under Was or Special Conditions
State : Central
Year : 1970
(1) In any proceeding before a Court in which a decree or order has been passed against any Indian solider [Certain words omitted bySection5, ibid.] Whilst the was serving under any special conditions, the soldier [Subs .by Ordinance 64 of 1942, Section5.] [or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly. [Subs., .by Ordinance 64 of 1942, Section5.][(2) The period of limitation for an..... View Complete Act List Judgments citing this sectionTitle : Application for Setting Aside Arbitral Award
State : Central
Year : 1996
(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2) An arbitral award may be set aside by the Court only if (a) the party making the application furnishes proof that (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the..... View Complete Act List Judgments citing this sectionTitle : Power to Set Aside Contract Induced by Undue Influence
State : Central
Year : 1872
1 [Power to set aside contract induced by undue influence When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the by party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations ( a) A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) A, a money-lender, advances Rs.100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6..... View Complete Act List Judgments citing this sectionTitle : Suits to Set Aside Attachment, Etc.
State : Karnataka
Year : 1958
(1) In a suit to set aside an attachment by a civil or revenue court of any property, movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on one-fourth of the market value of the attached property in respect of which the suit is instituted or on the amount for which the property was attached, whichever is less. (2) In a suit to set aside any other summary decision or order of a civil or revenue court, if the subject-matter of the suit has a market value, fee shall be computed on one-fourth of such value, and in other cases, fee shall be payable at the rates specified in section 47. Explanation: For the purpose of this section, the Registrar of..... View Complete Act List Judgments citing this sectionTitle : Setting Aside Sale
State : Karnataka
Year : 1964
(1) Where immovable property has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest therein, may at any time within ninety days of the date of sale apply in the prescribed manner to the Deputy Commissioner to have the sale set aside,-- (a) on the ground of some material irregularity or mistake or fraudresulting in loss or injury to him, or (b) on his depositing in the Deputy Commissioner's office the amountof the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser, a sum equal to five per centum of the purchase money. (2) On an application made under clause (a) of sub-section (1), the Deputy Commissioner shall, if he is satisfied after a summary enquiry that there has been some..... View Complete Act List Judgments citing this sectionTitle : Application to High Court to Set Aside Declaration of Forfeiture
State : Central
Year : 1973
(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all..... View Complete Act List Judgments citing this sectionTitle : Power to Set Aside Ex Parte Orders
State : Central
Year : 1986
1 [22A. Power to set aside ex parte orders Wherean order is passed by the National Commission ex parte against the opposite party or a complainant, as thecase may be/the aggrieved party may apply to the Commission to set aside thesaid order in the interest of justice. ______________________ 1. Sections 22A, 22B, 22C, 22D along with section 22Substituted for the earlier section 22 by Act 62 of 2002, section 20 (w.e.f. 15-3-2003). View Complete Act List Judgments citing this sectionTitle : Application to High Court to Set Aside Order of Forfeiture
State : Central
Year : 1961
(1) Any person having any interest in any newspaper, book or other document in respect of which an order of forfeiture has been made under section 4 may, within two months from the date of such order, apply to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made did not contain any matter of such a nature as is referred to in sub-section (1) of section 4. (2) The provisions of sections 99C to 99F of the Code of Criminal Procedure, 1898 shall apply in relation to an application under sub-section (1) as they apply in relation to an application under section 99B of that Code and the reference in section 99D to secitious or other matter of such a nature as is referred to in sub-section..... View Complete Act List Judgments citing this section