Ex-parte Order Archives

Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers

Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.

Case Briefs High Courts

Stay on Diljit Dosanjh’s ‘Jodi Teri Meri’ continues as Punjab and Haryana High Court refrains from passing any order

Punjab and Haryana High Court commented that the parties had the chance to appeal against the said order of lower court, yet they approached the High Court through Article 227 of the Constitution of India.

Case Briefs High Courts

P&H HC | Application for rescission of contract ‘mandatory’ to avail the relief, as S. 28, Specific Relief Act, 1963 doesn’t confer indefeasible right

Punjab and Haryana High Court: Sudhir Mittal, J. dismissed the revision petition filed by the petitioners (in this case the judgment-debtors) against

Case Briefs High Courts

Orissa HC | Alleged for subjecting a tribal boy to excessive police force; OHRC’s Order for recovering interim compensation from police officer’s salary kept on hold

Orissa High Court: Mohammad Rafiq, CJ while addressing a petition non-effectuated the Odisha Human Rights Commission’s Order of payment of an interim compensation

Case Briefs High Courts

All HC | Employee’s Compensation Act is a social welfare legislation, principles of liberal construction to be applied while interpretation thereof

Allahabad High Court: Dr Yogendra Kumar Srivastava, J. dismissed a writ petition challenging the order passed by the Employees Compensation Commissioner/Assistant Labour

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Order of NCLT admitting S. 9 IBC application against ‘Sahara Q Shop’ upheld

National Company Law Appellate Tribunal (NCLAT): Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S. Cheema, Member (Judicial) and Kanthi Narahari, Member (Technical), dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Mode of service prescribed under R. 7 of SEBI Rules, 1995 not exhaustive; not serving show cause notice violative of principles of natural justice

Securities Appellate Tribunal (SAT): Coram of Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member) set

Case Briefs High Courts

Tri HC | Ex-parte order against wife for restitution of conjugal rights set aside for failure of fair trial

Tripura High Court: A Bench of Sanjay Karol, CJ and Arindam Lodh, J. allowed an appeal filed by the appellant-wife against the judgment

Case Briefs High Courts

Madras HC | Ex-parte order not to be set aside if the very basis of cause projected for non-appearance not established in any manner

Madras High Court: The Bench of T. Ravindran, J. set aside the order of Deputy Commissioner of Labour whereby he had set aside

Case Briefs Foreign Courts

Defaulting party needs to satisfy the Court on grounds of default on his part; appeal against ex-parte order dismissed

Court of Appeal of the Democratic Socialist Republic of SriLanka: A Single Judge Bench comprising of M.M.A. Gafoor, J. dismissed an appeal against

Case Briefs High Courts

Endorsement of ‘not claimed’ cannot be read as ‘refusal to accept’ the service of summons under Order V CPC

Bombay High Court: A Single Judge Bench comprising of A.M. Dhavale, J. allowed an appeal filed by the appellant-wife challenging an ex-parte