Showing : 1-10 of 24 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 457-- Application u/s 457 Cr.P.C - Dismissed in default - Magistrate may have competence and mandate to dismiss application u/s 457 Cr.P.C, - But, Magistrate should not have dismissed application for singular default on part of applicant in appearing in Court either in person or though his counsel...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1)-- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his absence from..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21-- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21-- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no,..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Dismissal of appeal for appellant's default - If appellant does not appear, Court may, if thinks fit, dismiss the appeal for default but it has no power to dismiss the appeal on merits...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41-- Appeal - Default of appearance - Appellate Court can dismiss the appeal in default but cannot decide appeal on merits in the absence of counsel for the petitioner...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 4, 7, Order 9, Rule 3, 4- - Eviction application - Both parties absent - Dismissal of eviction application for default - Restoration of - Issuance of notice to defendant - Not necessary - Held, O.9.R.3 of CPC provides that where neither party appears, Court may dismiss suit - However in such situation it is not necessary to..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9-- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit..........

Showing : 1-10 of 24 Results