Results.
5 judgments found.
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| February 2013 |
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An application to "arrest judgment" cannot be brought under Order 35 r2; the correct remedy is to seek discharge of the earlier default order and leave to re-open the defence.
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Civil procedure — application to "arrest judgment" — meaning of judgment, decree and order — inherent jurisdiction — proper remedy is application to discharge earlier default order and re-open defence — application struck out and dismissed
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21 February 2013 |
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Whether the defendant on bonded study leave who took other employment was entitled to terminal benefits on resignation.
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14 February 2013 |
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Whether alleged contemnors must purge contempt before being heard and whether a corrected substitution application was an abuse of process.
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Civil procedure
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contempt of court and purging contempt — general rule subject to exceptions; right to be heard; applications to set aside default judgment may be heard pending contempt proceedings
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substitution of parties — withdrawal of earlier application means no res judicata; procedural irregularity permits refiling proper application; abuse of process not established
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14 February 2013 |
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Court reviewed its order and treated payment made after brief administrative delay as compliance with security-for-costs deadline.
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Civil procedure — Review under Order 39(1) High Court Act — Security for costs — Administrative failure (no receipt books) — Extension/variation of court order — Delay not inordinate or prejudicial — Costs each party to bear own
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6 February 2013 |
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Diplomatic immunity does not shield commercial acts; strict service and penal‑notice requirements under Orders 45 and 52 are mandatory for committal proceedings.
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Enforcement of orders — Orders 45 and 52 read together — strict preconditions for committal — personal service and penal notice required; Diplomatic immunity — limited to official acts; commercial acts not immune; Service — knowledge may dispense with personal service for injunction but not for notice, statement and affidavit; Penal notice — must be prominent and warn of imprisonment
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3 February 2013 |