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Results of dismissed for default

Showing : 31-40 of 426 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 457 -- Release of seized property - Second application - Maintainability - Nothing in law prohibiting Court from entertaining second application for release of property seized by police in exceptional circumstances where previous application had been dismissed for default on failure of applicant to remain present himself or through..........

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 - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........

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...........

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 - Application dismissed for want of representation on behalf of petitioner either in person or through counsel despite calling case repeatedly - Not even a single word has been uttered by petitioner so as to explain any plausible reason for his absence or no, appearance of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions - Application filed U.O.9.R.13 CPC ordered to be restored and two effective opportunities afforded to conclude..........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Limitation Act, 1963, Article 136 -- Limitation - Execution of decree - Decree was passed in 1996 - An appeal against such decree filed within limitation but was dismissed in default in 2002 - Execution petition filed in 2012 is competent and cannot be barred by limitation u/art 136 of Limitation, as when there is an appeal from original decree its enforceability would..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Restoration of suit - Suit dismissed in default U.O.9.R.3 - Both parties absent - No notice had been sent to counsel or parties with respect to change of date - Case of plaintiffs is that they wrongly noted date and then moved an application for restoration within 1 month of date they had noted - No objection given to..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 3, 4, 8, 9 -- Dismissal in default - Fresh suit - If suit is dismissed in default U.O.9.R.3 CPC then fresh suit is permissible as provided in O.9.R.4 CPC - However, in case suit is dismissed in default U.O.9.R.8 CPC then fresh suit is barred as provided U.O.9.R.9 CPC...........

Showing : 31-40 of 426 Results