POCSO Act | Foundational Facts Establishing Offence Must Be Proved To Trigger Statutory Presumption Under Section 29: Calcutta High Court Expectation Of Higher Price In Future Auctions No Ground To Discard Highest Bid Above Reserve Price; Subsequent Sale Hit By Section 52 TP Act: Allahabad High Court AI May Well Serve As Training Wheels But Entrusting It With Pilot's Seat Would Be Both Imprudent And Dangerous: Bombay High Court Appeal Against Acquittal Under Section 138 NI Act Can Be Dismissed For Non-Prosecution If Complainant Fails To Serve Notice On Accused: Andhra Pradesh High Court Rejection Of Section 348 BNSS Witness Recall Plea Is Interlocutory; Inherent Powers Cannot Provide Backdoor Entry Where Section 438(2) Revisional Bar Applies Absent Gross Injustice: Delhi High Court Limitation Period For Appeal Commences From Date Assessee Receives Copy Of ITAT Order, Not Date Of Pronouncement: Bombay High Court Under Section 254(3) Income Tax Act Section 82 CrPC | Failure To Attempt Service At Known Overseas Address Vitiates Proclamation; Setting Aside PO Declaration Does Not Invalidate Arrest Warrants Or Extradition: Delhi High Court Expenditure Incurred By Defaulting Party Cannot Be Equated With Benefit Received Under Section 64 Contract Act: Karnataka High Court Upholds Setting Aside Of Arbitral Award Under Section 34 A&C Act Vendor Executing Agreement To Sell Pendente Lite Precluded From Compromising Appeal Prejudicially; Intending Purchasers Entitled To Impleadment Under Order 1 Rule 10 CPC: Madhya Pradesh High Court Kerala Rent Act | Examination Of Co-Landlord Spouse Sufficient To Prove Bona Fide Need Even If Spouse Intending To Occupy Doesn't Testify: High Court Personal Accident Coverage Under Motor Insurance Policy Does Not Extend To Borrower; Exonerates Insurer From Liability: Madras High Court Limitation To Challenge Void Sale Deed Runs From Discovery Of Fraud, Unilateral Material Alteration Vitiates Title: Orissa High Court Interim Status Quo Order Automatically Lapses Upon Dismissal Of Suit, Pendency Of First Appeal Does Not Entitle Injunction Under Order 39 CPC: Punjab & Haryana High Court District Caste Verification Committee Has No Jurisdiction Under Section 4C Karnataka SC/ST Act To Cancel Caste Certificate On Private Third-Party Complaint Absent Validation Request: Karnataka High Court Joint Title Presumes Equal Share Unless Exclusive Consideration Proved By Documented Evidence: Kerala High Court POCSO Act | Delay In Cross-Examination Of Prosecution Witnesses Does Not Weaken Sterling Testimony Of Victim: Madras High Court Mandatory Affixation Of Welfare Fund Stamp On Vakalatnama Valid Under List III Entries 23 & 26, Not A Toll On Right To Practice: Telangana High Court Upholds Sections 12 & 12A Of Advocates Welfare Fund Act BSF Personnel Certified Medically Incapacitated Entitled To Disability Pension Despite 'Voluntary Retirement' Label Under Rule 48-A CCS Rules: Punjab & Haryana High Court SARFAESI Auction Purchaser Takes Title Free From Subsequent Attachments, Claim Enquiry Confined Only To Property Rights: Kerala High Court Commercial Use, Late-Night Events In Areas Adjacent To Reserved Forest Prohibited To Protect Wildlife Under Forest Conservation Norms: Rajasthan High Court In Composite Negligence, Claimants Free To Recover Entire Compensation From Any Joint Tortfeasor Without Impleading Other Vehicle: Orissa High Court Regular Magistrate Lacks Jurisdiction Under Section 190 CrPC To Take Cognizance Against Sitting Or Former Legislators; Special MP/MLA Court Alone Competent: Karnataka High Court Specific Performance Cannot Be Decreed On Fabricated Sale Agreement Bearing Sequential Stamp Papers From Decade-Old Mortgage; Section 340 CrPC Applicable: Andhra Pradesh High Court Sole Testimony Of Child Victim Stands On Same Footing As Injured Witness, Defective Investigation No Ground To Discard Credible Evidence: Delhi High Court Upholds Conviction U/S 6 POCSO Act, 376 IPC Once Trial Court Accepts Written Statement Without Objection, It Cannot Recall Order To Strike Off Defence Under Order 8 Rule 1: Punjab & Haryana High Court No Court Fee Refund Under Section 69 Or Section 69-A Of Tamil Nadu Court Fees Act If Out-Of-Court Settlement Is Reached After Trial Commences: Madras High Court

Gujarat High Court: Ex-Parte Order Set Aside in family dispute case, Defendant Granted a Fresh Opportunity to Present Evidence

07 May 2024 2:49 AM

By: Admin


In a recent order, the Gujarat High Court setting aside an ex-parte order and granting the defendant a fresh chance to present evidence in the case of Family Suit No. 458 of 2012. The bench, comprising Justices Ashutosh Shastri and Divyesh A. Joshi, emphasized the importance of providing a fair opportunity to litigants and stressed that courts should not pass ex-parte decrees without cogent reasons supporting such decisions.

The case pertained to a matrimonial dispute, where the appellant-wife had filed an application that was rejected by the trial court. The court further noted that despite specific directions to file written submissions within ten days, the appellant-wife failed to take any action, leading to the closure of her rights by the court below.

Learned advocate Mr. Dave, representing the respondent-husband, contended that the appellant had not challenged the rejection of her application in any higher forum, and thus, it had attained finality. Moreover, the respondent-husband had presented uncontroverted evidence, which the defendant-wife had not challenged.

However, the High Court observed that the trial court’s ex-parte order lacked concrete conclusions and failed to adequately examine the material evidence presented by the plaintiff. The Court held that “every conclusion must be well supported by adequate reasons,” and it was necessary to provide a fair opportunity to the appellant-wife to defend herself.

The judgment stated, “Simply because the defendant’s right is closed down or proceedings have not been attended while passing decree, at least the stand of the plaintiff deserves to be examined at length.” The Court emphasized that a judgment should contain a brief summary of facts, evidence produced by the plaintiff, and the reasoning for decreeing or dismissing the suit.

The Gujarat High Court allowed the appeal and quashed the ex-parte order, remanding the matter back to the trial court. The Court directed the trial court to take a fresh decision on the case within six months, considering all the relevant evidence and providing a fair opportunity to both parties.

 Date of Decision: 13 July 2023

TARLOCHAN SEHMI  Vs RAJIV RAMNIKLAL ZAVERI

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